Netherlands

Relying on Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy), the applicant complained that if removed to Sudan he would be at risk of forced recruitment, persecution because he belonged to a non-Arab ethnic group from Darfur, and more generally, on account of the humanitarian situation in Sudan as a result of the conflict in Darfur. No violation of Article 3 – in the event of the applicant’s removal to Sudan No violation of Article 13 taken together with Article 3

2 June 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): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Racial / Ethnic persecution - Rule of law / Due process / Procedural fairness | Countries: Netherlands - Sudan

Art 3 ECHR • Expulsion • No risk of ill-treatment in case of removal of Afghan Sikhs to Afghanistan • Adequate assessment of the risks by the domestic authorities • No compelling humanitarian grounds against removal. See also joint partly dissenting opinion on the assessment by the domestic authorities of the foreseeable consequences of the applications to Afghanistan.

25 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): Expulsion - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Sikh | Countries: Afghanistan - Netherlands

21 September 2017 | Publisher: Council of Europe: Committee for the Prevention of Torture | Document type: Country News

Linked applications: 26268/09, 33314/09 and 53926/09

19 June 2017 | 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): Decision on admissibility - Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to family life - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - Netherlands

19 January 2017 | Publisher: Council of Europe: Committee for the Prevention of Torture | Document type: Country Reports

September 2016 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Commentaries

Original decision in Dutch attached.

18 July 2016 | Judicial Body: Netherlands, The: The Hague District Court | Document type: Case Law | Topic(s): Burden-sharing and international co-operation - Children-at-risk - Freedom from torture, inhuman and degrading treatment - Regional instruments | Countries: Italy - Netherlands

5 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Hazara - Persecution based on political opinion | Countries: Afghanistan - Netherlands

7 June 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Female genital mutilation (FGM) - Freedom from torture, inhuman and degrading treatment | Countries: Netherlands - Sudan

7 January 2016 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): 1951 Refugee Convention - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Regional instruments | Countries: Netherlands - Syrian Arab Republic