ECtHR - Mo. M. v France, Application No. 18372/10

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Country of Applicant: 
Chad
Date of Decision: 
18-04-2013
Citation: 
Application No. 18372/10
Court Name: 
ECtHR Fifth Section
Headnote: 

The case concerns the risk of ill-treatment that the applicant would be exposed to if he were sent back to Chad, where he has been already tortured and summoned by the prosecutorial authorities for alleged collaboration with the rebels.

Facts: 

The applicant is a Chadian national, who was suspected of collaboration with the rebels in the Eastern part of the country. He was arrested and tortured by the Chadian secret services. His property was confiscated and destroyed and his family was also threatened and harassed. He fled to France, where he immediately applied for asylum in 2007. His claim was rejected and an order to leave the country was issued against him, which he unsuccessfully appealed. However, he benefited from an interim measure granted by the ECtHR under rule 39.

The applicant alleged that, if he were returned to Chad, he would be at risk of torture. He submitted medical reports that supported his allegations of past torture and summons from the Chadian prosecution services. He also produced new documents that he had not submitted to the French asylum authorities.

Decision & Reasoning: 

Violation of Article 3

The Court was satisfied that the situation in Chad in relation to torture had not improved with respect to reports attesting to torture practices the Court had before it.

The Court also gave credit to the applicant’s claim that he had been tortured himself in Chad, relying on the medical reports the applicant had produced.

Finally, the Court observed that the reasoning of the French authorities that had discarded a risk of torture for the applicant upon return had been very succinct and concerned only the absence of evidence. Therefore, the Court could not rely on the assessment of the French authorities. Moreover, the applicant had produced new evidence before the ECtHR that the French authorities had not been able to analyse. The Court concluded that there was a real risk of torture for the applicant if he were returned to Chad.

Outcome: 

Violation of Article 3 if the applicant was returned to Chad.

Just satisfaction: The ruling with respect to Article 3 constitutes sufficient just satisfaction in itself.

Observations/Comments: 

- Interim measure under rule 39 granted. It shall remain in force until the judgment becomes final.

- The Court accepted the applicant’s request to keep his identity undisclosed under rule 47(3).

Other sources cited: 

- Security Council resolution 1913 (2010) [on extension of the mandate of the UN Mission in the Central African Republic and Chad (MINURCAT)]

- UN Committee against Torture, Consideration of reports submitted by states parties under Article 19 of the Convention: Chad, 22 September 2008 (CAT/C/TCD/1)

- UN Committee against Torture, Concluding Observations on Chad, 4 June 2009 (CAT/C/TCD/CO/1)

- US Department of State, 2011 Country Reports on Human Rights Practices –Chad, 24 May 2012.

Authentic Language: 
French
State Party: 
France