EDAL case summaries

The case examined the allegations of the applicant that his proposed expulsion to Turkey would place him at risk of inhuman and degrading treatment and would jeopardize his physical and health integrity.

The Court found no violation of the articles 2 and 3 of the Convention and held the claimed violations of articles 6 and 8 to be unfounded.

A Turkish National, who has been granted political asylum by the Swiss Government, was detained in Greece. After a decision made by the Greek authorities, his extradition to Turkey was ordered. This decision was quashed by the Greek Supreme Court. 

1. The issue as to whether an asylum-seeker was already protected against political persecution in a third country is only relevant in terms of  the asylum application for recognition of refugee status in the context of the concept of the first country of asylum as defined in EU law in Article 29 of the Asylum Procedures Act (Articles 25 and 26 of the Asylum Procedures Directive).  

2. If the Federal Office has reached a decision on the asylum application in this case, the substantive question of the subsidiarity of refugee protection in the assessment of refugee status is...

1. The expulsion of a recognised refugee may only take place subject to the requirements of Article 21 (3) in conjunction with (2) and Article 24 (1) of the Qualification Directive.

2. Compelling grounds for public security or order according to Article 24 (1) of the Qualification Directive do not presuppose any outstanding acts of extraordinary danger in support of international terrorism; neither does specific involvement of a sympathiser suffice unless it is characterised by a large degree of continuity and as such shapes and influences the environment of the terrorist...