A French plan to return a failed asylum-seeker to Chad has been put on hold following a European Court decision today.
In today’s judgment in the case of Mo.M. v. France (application no. 18372/10), which is not final, the European Court of Human Rights held, unanimously, that there would be:
a violation of Article 3 of the European Convention on Human Rights if Mo.M., who had been denied asylum, were to be sent back to Chad.
The case concerned the complaint of a Chadian national that deporting him to his country of origin would expose him to the risk of ill-treatment by the police there to punish him for allegedly siding with the rebels in Darfur.
After noting that in spite of an improvement in relations between Chad and Sudan, threats to people’s safety persisted in Chad, the Court found that the applicant had produced sufficient evidence that in view of his personal situation he would be exposed to a real risk of inhuman and degrading treatment if sent back to Chad.
The court decided unanimously to maintain the interim measure indicating to the French Government under Rule 39 of the Rules of Court that the applicant should not be deported until the court’s judgment had become final or the Court had decide otherwise.