Communicated case against France

Friday, February 5, 2021

The case of S.O. v France (application no. 65063/19) concerns a Russian national who alleges that his return to Russia would expose him to a risk of inhuman and degrading treatment, contrary to Article 3 ECHR. Additionally, the applicant complains that his removal would disproportionately influence his family life, as protected by Article 8 ECHR.

In this context, the ECtHR first asks several questions regarding the removal: (i) will the applicant face a risk of inhuman and degrading treatment, contrary to Article 3 ECHR, in case of removal, (ii) does his personal situation entail a specific risk, (iii) what are the assurances that the French authorities obtained from the Russian authorities, specifically in relation to the risk of an Article 3 ECHR breach and the risk of being transferred to the North Caucasus and (iv) how have the French authorities established the absence of a risk. Furthermore, it asks whether France has already removed Russian nationals to Russia because of their link to a terrorist movement and whether the French authorities have contacted the Russian authorities on the question of a consular laissez-passer or on the procedural framework that led to the applicant’s criminal conviction. Finally, the Court asks whether the expulsion would violate his right to family and private life, in the sense of Article 8 ECHR.   

Based on an unofficial translation by the EWLU team.

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Family unity (right to)
Inhuman or degrading treatment or punishment