ECtHR decision in D.N.W. v. Sweden (no. 29946/10) [Articles 2 and 3]

Friday, October 4, 2013

The applicant is an Ethiopian national who claimed asylum in Sweden in 2007 on the ground that he had been beaten, imprisoned and tortured after criticising the 2005 elections in his country. His asylum claim was rejected by the authorities who found that he had failed to prove any future risk of ill-treatment if he were sent back to Ethiopia. The applicant argued that his removal to Ethiopia would put him at risk of death or treatment contrary to Article 3. The Court found no violation of these two Articles in the event of deportation; however, it considered that the indication made to the Government under Rule 39 that the applicant should not be deported must remain in force until the judgment becomes final.

For the full text of the judgment please click here.

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Inhuman or degrading treatment or punishment
Right to remain pending a decision (Suspensive effect)