New ECtHR Judgment on Risk of Inhuman or Degrading Treatment Upon Return of Sudanese Political Opponent

News item

On 7 January 2014, the European Court of Human Rights (ECtHR) ruled that he deportation from Switzerland of a political opponent of the Sudanese government to Sudan would expose him to a risk of ill-treatment contrary to Article 3 of the European Convention on Human Rights (ECHR).

The applicant is a Sudanese national and has been the human rights officer of the anti-government group Sudan Liberation Movement-Unity (SLM-Unity), based in Switzerland, since 2009. He applied for asylum in Switzerland twice, in 2004 and 2009. The Swiss authorities rejected both asylum applications, arguing inter alia that he was an insufficiently high-profile political activist to attract the attention of the Sudanese government.

The ECtHR agreed with the Swiss authorities that the applicant was not a high-profile political activist. However, on the basis of recent country reports and case law, it held that the situation is such that “not only leaders and high-profile people, but also those merely suspected of supporting opposition movements are at risk of treatment contrary to Article 3 of the Convention in Sudan”.

Read more here.

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