Case Law
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Decision N° 406222
France – Council of State rules in case concerning the execution of an ECtHR judgment by the National Court of Asylum On 3 October, the French Council of State ruled in a case concerning the rejection of the asylum application of a national of the Democratic Republic of the Congo (DRC), despite a decision by the European Court of Human Rights (ECtHR) that considered him to be in a real risk of inhuman and degrading treatment upon return to his country. The applicant’s asylum request had been rejected both by the French Asylum Office and the National Court of Asylum. After two unsuccessful re-examination attempts, the domestic authorities issued a decision imposing an obligation on the applicant to leave the country. The applicant brought the case before the European Court of Human rights, where his claim of a possible violation of Article 3 of the European Convention on Human Rights (ECHR), upon his return to the DRC, succeeded. The applicant requested another re-examination of his case, but that request was rejected by the French Asylum Office and, on appeal, by the CNDA. It was considered that the risk of inhuman and degrading treatment could not be considered as established. The applicant sought to annul that decision before the Council of State. The Court based its reasoning on Articles 41 and 46 of the ECHR, regarding consequences of violation of a Convention right and the execution of definitive judgments. It found that the execution of a judgment by the ECtHR entails both an obligation to remedy the consequences of the violation and to eliminate its source. In addition to that, the State has to ensure the applicant receives the sums decided by the ECtHR as just satisfaction. Moreover, a decision that declares a removal as violating Article 3 ECHR constitutes a novel element that would justify the re-examination of the case. During this re-examination, the domestic authorities should refrain from executing any removal measure, while ensuring that the applicant will be protected from inhuman and degrading treatment, by being granted subsidiary protection status according to French law. The Court annulled the decision and remitted the case back to the National Court of Asylum for reconsideration. Based on an unofficial translation by the ELENA Weekly Legal Update. 3 October 2018 | Judicial Body: France: Conseil d'Etat | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Human rights courts | Countries: Congo, Democratic Republic of the - France |
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In the Matter of African Commission on Human and Peoples' Rights v. Great Socialist People's Libyan Arab Jamahiriya
Order for provisional measures. 25 March 2011 | Judicial Body: African Court on Human and Peoples' Rights | Topic(s): Human rights and fundamental freedoms - Human rights courts - Internal armed conflict - Jurisdiction - Right to liberty and security - Right to life | Countries: Libya |
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In the Matter of African Commission on Human and Peoples' Rights v. Great Socialist People's Libyan Arab Jamahiriya
Order for provisional measures. 25 March 2011 | Judicial Body: African Court on Human and Peoples' Rights | Topic(s): Human rights and fundamental freedoms - Human rights courts - Internal armed conflict - Jurisdiction - Right to liberty and security - Right to life | Countries: Libya |
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Uzer c. Turquie
21 September 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Effective remedy - Evidence (including age and language assessments / medico-legal reports) - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Human rights courts - Legal representation / Legal aid - Rule of law / Due process / Procedural fairness - Witnesses | Countries: Turkey |
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Mutsolgova And Others v. Russia
1 April 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Civil and political rights - Effective remedy - Freedom from torture, inhuman and degrading treatment - Human rights and fundamental freedoms - Human rights courts - Right to liberty and security - Right to life | Countries: Russian Federation |
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Human rights and criminal procedure: the case law of the European Court of Human Rights
© Council of Europe 2009. 2009 | Judicial Body: Council of Europe: European Court of Human Rights |
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Case of the Communities of the Jiguamiandó and of the Curbaradó v. Colombia (Order of the Inter-American Court of Human Rights)
- 6 March 2003 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Topic(s): Human rights and fundamental freedoms - Human rights courts | Countries: Colombia |
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Case of the Peace Communitites of San Jose de Apartado v. Colombia (Order of the Inter-American Court of Human Rights)
- 18 June 2002 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Topic(s): Human rights and fundamental freedoms - Human rights courts | Countries: Colombia |
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Case of the Haitians and Dominicans of Haitan Origin in the Dominican Republic v. Dominican Republic (Order of the Inter-American Court of Human Rights)
- 26 May 2001 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Topic(s): Deportation / Forcible return - Expulsion - Haitians - Human rights and fundamental freedoms - Human rights courts | Countries: Dominican Republic |
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Case of the Peace Communitites of San Jose de Apartado v. Colombia (Order of the Inter-American Court of Human Rights)
- 24 November 2000 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Topic(s): Human rights and fundamental freedoms - Human rights courts | Countries: Colombia |
