Communicated cases against France (Application nos. 50082/19, 40448/19, 34349/18

Friday, December 11, 2020
  • The case of M.B.K. and others against France (application no. 50082/19) concerns a Guinean couple with two minor children, who entered France in November 2017 to apply for international protection. In the light of Article 3 ECHR, the applicants complain that their care was abruptly withdrawn, which led them to end up on the streets, with their children. They further submit, under Article 6 in combination with Article 13 ECHR, that the decision (‘Ordonnance’) of the administrative court was not executed and that they were evicted, with the help of the police, from the hotel in which they stayed. Therefore, the ECtHR asked a number of questions to the parties in connection with the applicants’ complaints under Articles 3, 6 and 13 ECHR.
  • The case of A.B. and others against France (application no. 40448/19) concerns four families, from Russia, Kyrgyzstan, Azerbaijan and Bangladesh, and their 10 minor children. Three applicants have health problems that require medical care. Relying on Article 3 ECHR, four applicants complain that they are subject to inhuman and degrading treatment, as they, and their families, have not been able to benefit from emergency accommodation and were forced to sleep on the street for several months. Furthermore, the applicants complain that the judicial decisions, which ordered the authorities to accommodate the families, were not executed. Therefore, the ECtHR asks the parties whether the living conditions of the applicants breached Article 3 ECHR and whether any measures were taken regarding the minors. Furthermore, the Court asks, in the light of the proceedings before the national courts and the fact that the applicants are asylum applicants, whether Article 6 ECHR is applicable, and, if so, whether the guarantees of Article 6, possibly read in conjunction with Article 13, were respected.
  • The case of M.K. and others (application number 34349/18), published on 30 November 2020, concerns families with minor children, who were forced to live on the streets and who sought interim relief from the French tribunals, which was granted, but not executed. Therefore, the Court asks whether Article 6 ECHR is applicable to the cases. Furthermore, it asks whether Article 35 is respected, now that the Convention breach has stopped and the applicants have not introduced a damage claim against the state.

Based on an unofficial translation by the EWLU Team.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.                               

Accommodation centre
Best interest of the child
Inhuman or degrading treatment or punishment
Material reception conditions