ECtHR: Communicated case against the Netherlands (application no. 23048/19)

Friday, October 9, 2020

The communicated case of AMA v. the Netherlands (application no. 23048/19) concerns a Bahraini national whose applications for asylum in the Netherlands, based on being a member of a group that is systematically exposed to ill-treatment, were rejected. Upon return, he was arrested, put on trial for allegedly false charges and, ultimately, convicted and sentenced to life imprisonment. The Court therefore asks the parties whether (i) the applicant exhausted all effective remedies, whether (ii) he faced a real risk of being subjected to treatment in breach of Article 3 of the Convention when he was expelled to Bahrain, whether (iii) the examination of the applicant’s asylum applications complied with the requirements for such examinations as set out in the Court’s case‑law, and, finally, whether (iv) the applicant had an effective domestic remedy at his disposal for his complaints under Article 3, as required by Article 13 of the Convention?

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.                               

Effective remedy (right to)
Inhuman or degrading treatment or punishment