ECtHR - Referral to Grand Chamber M.E. v Sweden (no.71398/12)

Monday, November 24, 2014

Upon a referral request by the applicant, M.E. v Sweden (no. 71398/12) has been accepted for consideration by the Grand Chamber of the European Court of Human Rights. The judgment (summarised in Weekly Legal Update 27 June 2014) concerns a Libyan national who if returned to Libya from Sweden submits that there would be a real risk of persecution and ill-treatment due to his homosexuality.

In its Chamber judgment, the European Court of Human Rights held that the implementation of the expulsion order against M.E. would not give rise to a violation of Article 3 of the Convention. The Court found that there were no substantial grounds for believing the applicant would be subjected to ill-treatment on account of his sexual orientation if he was returned to Libya in order to apply for family reunion with his partner. In its reasoning the Chamber noted that notwithstanding that homosexual acts were punishable under the Libyan Penal Code, there was an absence of public documents evidencing any prosecution. Moreover, the Chamber concluded that based on the applicant’s decision not to reveal his sexual orientation to his family back in Libya, the applicant had made an active choice to live discreetly due to private considerations rather than fear of persecution.

To read the full Chamber judgment please see here.                    

21 November 2014                                      

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.                                                       




Credibility assessment
Family reunification
Persecution (acts of)
Sexual orientation