France: Conseil d'Etat

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 | Document type: Case Law | 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

Acts contrary to the purposes and principles of the UN are those that are likely to affect international peace and security, peaceful relations between states as well as serious violations of human rights. exclusion under 1F(c) depends on the existence of serious reasons to consider that part of the responsibility in the actions can be personally imputed to the applicant. The court has to assess whether the facts resulting from the investigation are such as to give rise to serious grounds for believing that the applicant was personally involved in such actions.

11 April 2018 | Judicial Body: France: Conseil d'Etat | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts contrary to the purposes and principles of the United Nations - Exclusion clauses | Countries: France - Syrian Arab Republic

If acts of a terrorist nature may fall under Article 1 (b) of the Geneva Convention, terrorist acts of an international scale in terms of seriousness, international impact and implications for peace and international security may also amount to acts contrary to the purposes and principles of the United Nations within the meaning of Article F (c). In assessing whether there are serious reasons to consider that such an act has been committed, its gravity in relation to its international effects has to be examined.

11 April 2018 | Judicial Body: France: Conseil d'Etat | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts contrary to the purposes and principles of the United Nations - Exclusion clauses - Terrorism | Countries: France - Turkey

11 February 2015 | Judicial Body: France: Conseil d'Etat | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Algeria - France

20 November 2013 | Judicial Body: France: Conseil d'Etat | Document type: Case Law | Topic(s): Family reunification - Female genital mutilation (FGM) | Countries: France

13 November 2013 | Judicial Body: France: Conseil d'Etat | Document type: Case Law | Topic(s): Chechen - Safe third country - State protection | Countries: France - Poland - Russian Federation

25 July 2013 | Judicial Body: France: Conseil d'Etat | Document type: Case Law | Countries: France - Nigeria

Le Conseil d'Etat statuant au contentieux. Sur le rapport de la 10ème sous-section de la Section du contentieux.

21 December 2012 | Judicial Body: France: Conseil d'Etat | Document type: Case Law | Topic(s): Female genital mutilation (FGM) | Countries: Côte d'Ivoire - France