The European Court of Human Rights (ECHR) condemned France on Tuesday, August 30 for the expulsion of two Russians of Chechen origin, whose refugee status had been revoked, in the face of the potential risks of ill-treatment incurred in Russia .
In two separate cases judged jointly, the judicial institution of the Council of Europe considers that France violates Article 3 of the European Convention on Human Rights which prohibits torture and inhuman and degrading treatment.
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The first applicant is a Russian national of Chechen origin born in 1998 in Grozny, who arrived in France in 2004. Sentenced in 2017 to six years in prison and a permanent ban from French territory after the discovery of a video in which he allegiance to the Islamic State, his refugee status is withdrawn.
He was deported in November 2020 and was reportedly taken into Russian custody a few days later.
“
The protection offered by Article 3 of the Convention is absolute.
It does not allow any derogation, even in the event of a public emergency threatening the life of the nation.
The same applies even in the event, where as in the present case, the applicant had links with a terrorist organization
", argued the ECHR in its judgment, stressing that despite the loss of his status, the applicant remained a refugee.
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The second applicant, a Russian national of Chechen origin born in 1981, also had his refugee status withdrawn and an expulsion order was issued against him after two stays in Russia during which he had no of problem.
But the ECHR considered that in the event of expulsion, “
he would be exposed to a real risk of treatment in violation of Article 3 of the convention
”.
In both cases, the ECHR did not award any compensation for non-pecuniary damage, considering that the finding of a violation constituted “
sufficient just satisfaction
”.
