France: Court gives green light to terrorism suspect’s Algeria return

Human rights judges have ruled today that a man, banned from France after terrorism conviction, can be deported to Algeria without any risk of inhuman or degrading treatment.

In today’s Chamber judgment in the case of A.M. v. France (application no. 12148/18) the European Court of Human Rights held, unanimously, that:

if the decision to deport the applicant to Algeria is enforced there would be no violation of Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights.

The case concerns the applicant’s planned deportation to Algeria after he was convicted in France in 2015 for participating in acts of terrorism and was permanently banned from French territory.

The applicant, A.M., is an Algerian national who was born in 1985. He is currently confined to a locality in France under a compulsory residence order (since September 2018).

The European court found that the general situation in Algeria as regards the treatment of individuals linked to terrorism did not in itself preclude the applicant’s deportation.

The court agreed with the conclusion of the French courts. It found that their assessment had been appropriate and sufficiently substantiated by domestic data and information from other reliable and objective sources.

The court took the view that there were no serious, proven grounds to believe that if he were returned to Algeria the applicant would run a real risk of being subjected to treatment in breach of Article 3 of the Convention and it found that his deportation would not entail a violation of that provision.


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