ECtHR - Rafaa v. France (no. 25393/10) [Articles 2 and 3 ECHR]

Friday, October 4, 2013

The applicant is a Moroccan national who arrived illegally in France. He alleged that he had been tortured by the Moroccan secret services because of his support to the Sahrawi cause. He was placed in detention and, following an international arrest warrant from Morocco based on allegations of terrorism, he was imprisoned with a view to his extradition in 2009. The French authorities approved his extradition and the applicant's appeals were dismissed. In the meantime he had also applied for asylum, but his application was dismissed. Before the Court, he alleged that his extradition to Morocco would expose him to risks of treatment contrary to Article 3 of the Convention. In view of international reports from the UN Committe Against Torture, the US State Department, Amnesty International and Human Rights Watch, the Court considers that ill-treatment continues to be inflicted to suspects of terrorism in Morocco. In view of the profile of the applicant, the Court is satisfied that he would be at real risk of such treatment if he were extradited to Morocco. The Court also indicates that an interim measure issued under Rule 39 must continue to be in force until the judgment becomes final.

Read the full text of the judgment on the Court's website.

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Inhuman or degrading treatment or punishment
United Kingdom