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Freedom on the Net 2018 - France 1 November 2018 \| Publisher: Freedom House \| Document type: Annual Reports
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 \| 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
French journalist detained in Kazakhstan while preparing report on 2011 deadly protests 27 September 2018 \| Publisher: Radio Free Europe/Radio Liberty \| Document type: Country News
Country Reports on Terrorism 2017 - France 19 September 2018 \| Publisher: United States Department of State \| Document type: Annual Reports
Country Reports on Terrorism 2017 - Foreign Terrorist Organizations: Basque Fatherland and Liberty 19 September 2018 \| Publisher: United States Department of State \| Document type: Annual Reports
France: Instruction relative à la loi pour une immigration maîtrisée, un droit d'asile effectif et une intégration réussie - dispositions immédiatement applicable 11 September 2018 \| Publisher: National Legislative Bodies / National Authorities \| Document type: National Legislation
France: Loi n° 2018-778 du 10 septembre 2018 pour une immigration maîtrisée, un droit d'asile effectif et une intégration réussie 10 September 2018 \| Publisher: National Legislative Bodies / National Authorities \| Document type: National Legislation
The Queen (on the application of MS) (a child by his litigation friend MAS) v Secretary of State for the Home Department whether MAS, who is lawfully present in the UK, is the brother of MS, an unaccompanied minor who has made an asylum application in France; whether the UK has a duty of investigation once it receives a take charge request and the scope of any such duty 19 July 2018 \| Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) \| Document type: Case Law \| Legal Instrument: 2013 Dublin III Regulation (EU) \| Topic(s): Family reunification \| Countries: Afghanistan - France - United Kingdom of Great Britain and Northern Ireland
UNHCR welcomes deal to end latest migrant stand-off in Mediterranean Sea 19 July 2018 \| Publisher: UN News Service \| Document type: Country News
2018 Trafficking in Persons Report - France 28 June 2018 \| Publisher: United States Department of State \| Document type: Annual Reports

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