Title AFFAIRE O.D. c. BULGARIE (Requête no 34016/18)
Publisher Council of Europe: European Court of Human Rights
Publication Date 10 October 2019
Country Bulgaria | Syrian Arab Republic
Topics Effective remedy | Freedom from torture, inhuman and degrading treatment | Right to life
Citation / Document Symbol ECLI:CE:ECHR:2019:1010JUD003401618
Other Languages / Attachments Press release
Cite as AFFAIRE O.D. c. BULGARIE (Requête no 34016/18), ECLI:CE:ECHR:2019:1010JUD003401618, Council of Europe: European Court of Human Rights, 10 October 2019, available at: https://www.refworld.org/cases,ECHR,5da074db4.html [accessed 5 October 2022]
Comments The Court held that "- that O.D.’s removal to Syria would amount to a violation of Article 2 (right to life) and Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights - that there had been a violation of Article 13 (right to an effective remedy), read in conjunction with Articles 2 and 3. The Court found, in particular, that in view of the overall situation in Syria and the individual risk faced by the applicant it could not be established that he could safely return to Syria. The Court also found that the applicant had not had access to an effective remedy, noting that his request for a stay of execution of the expulsion order had been rejected on the grounds that he posed a threat to national security, and that the proceedings relating to the application for refugee status or humanitarian status had not been aimed at reviewing the lawfulness of the expulsion order or its effects in relation to the complaints concerning the right to life and the right not to be subjected to ill-treatment. ..."
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