Case Law

In view of the above, the Court notes that the risk of the applicant being expelled and, potentially, being exposed to a risk of treatment in breach of Article 3, has now, at least temporarily, been removed. Moreover, the Court finds that the complaints under Article 13 and on the procedural requirements of Article 3 in the present case are in essence inextricably connected to the proposed expulsion of the applicant (see Nasseri v the United Kingdom (dec.), no. 24239/09, § 18, 13 October 2015, and J.W. v. the Netherlands (dec.), no. 16177/14, § 32, 27 June 2017). In these circumstances, the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)). Moreover, it is satisfied that respect for human rights, as defined in the Convention and the Protocols thereto, does not require a continuation of the application by virtue of Article 37 § 1 in fine. Accordingly, the application should be struck out of the list.

21 October 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Human rights law - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - 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 | 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 | 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

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

19 June 2017 | Judicial Body: Council of Europe: European Court of Human Rights | 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

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

5 February 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Decision on admissibility - Reception - Safe third country | Countries: Italy - Netherlands - Somalia

3 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Right to family life | Countries: Netherlands - Suriname

2 April 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Countries: Italy - Netherlands - Somalia

24 January 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Decision on admissibility | Countries: Somalia