Effective domestic remedy: Effectiveness of a suspensive remedy, in respect of an asylum request submitted after the application had been lodged with the Court: admissible
As to the merits, the Court went on to find, unanimously, that there would be no violation of Article 3 if the decision to deport the applicant to Algeria were implemented.
- the expulsion of the applicant, whose conviction for terrorist offences had been known to the Algerian authorities, had exposed him to a real and serious risk of treatment contrary to Article 3.
- French authorities deliberately created a situation whereby the applicant would have great difficulty in submitting a request for an interim measure to the Court, and had lowered the level of protection under Article 3 of the Convention.
- acutely aware of the extent of the danger posed to the community by terrorism and that it was legitimate for Contracting States to take a very firm stand against those who contributed to terrorist acts.