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CASE OF M.A. AND OTHERS v. BULGARIA (Application no. 5115/18)

The Court had therefore to examine whether any effective guarantees existed that protected the applicants against arbitrary refoulement by the Bulgarian authorities to China, be it direct or indirect. No destination country had been indicated in the initial decisions for the applicants’ repatriation or in the expulsion decisions. According to the Supreme Administrative Court, the determination of such a country and the assessment of any risk the applicants would face if returned to China fell to be carried out in the process of implementation of the expulsion decisions. However, such an approach offered no guarantees that the Bulgarian authorities would examine with the necessary rigour the question of the risk the applicants would face if returned to the country they had fled. It was unclear by reference to what standards and on the basis of what information the authorities would determine, if at all, the relevant risk. Lastly, there was no indication as to whether, if the authorities chose to send the applicants to a third country, they would properly examine whether they would in turn be sent from there to China without due consideration for the risk of ill‑treatment and even death. In sum, there were no effective guarantees, in the process of implementation of the repatriation or the expulsion decisions against the applicants, that they would not be sent back to China.

20 February 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Expulsion - Freedom from torture, inhuman and degrading treatment - Uighur | Countries: Bulgaria - China

China expels nine Uyghur children from soccer talent program

14 October 2016 | Publisher: Radio Free Asia | Document type: Country News

Chinese officials expel unregistered monks from Tibetan monastery

12 June 2015 | Publisher: Radio Free Asia | Document type: Country News

Tibetan traveler sent back to India over Dalai Lama photos

30 July 2013 | Publisher: Radio Free Asia | Document type: Country News

Hungary clamps down on World Uyghur Congress meeting, expels official

1 June 2013 | Publisher: Radio Free Asia | Document type: Country News

New York Times hounded by Chinese censorship, expulsion and spying

5 February 2013 | Publisher: Reporters Without Borders | Document type: Country News

Journalist forced to leave China

31 December 2012 | Publisher: Radio Free Asia | Document type: Country News

China: Arbitrary Expulsions of Tibetans from Lhasa Escalate

19 June 2012 | Publisher: Human Rights Watch | Document type: Country News

Tibet: Monks Expelled over Chinese flag

14 February 2012 | Publisher: Radio Free Asia | Document type: Country News

Y v. Russia

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

4 December 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - Expulsion - Falun Gong - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) - Right to family life | Countries: China - Russian Federation

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