The ECtHR considered it more appropriate to examine the complaints concerning the failure of France to comply with the interim relief orders of the Administrative Court ordering that the applicants must be taken into emergency accommodation and the absence of an effective emergency procedure for the enforcement of an interim relief order solely under Article 6 ECHR (§§ 91, 92).
The ECtHR considered that the decision to grant or refuse emergency accommodation constituted a civil right and thus held that Article 6 § 1 ECtHR was applicable. The case concerned asylum-seekers who were without accommodation at the time of the events, and in whose favour the urgent-applications judge of the administrative court ordered the State to provide them with emergency accommodation.
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
