O.D. c. Bulgarie (Requête no 34016/18)
- Document source:
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Date:
10 October 2019
AFFAIRE O.D. c. BULGARIE (Requête no 34016/18)
Comments:
The Court held that "- that O.D.’s removal to Syria would amount to a violation of Article 2 (right to life) and Article 3
(prohibition of torture and inhuman or degrading treatment) of the European Convention on
Human Rights
- that there had been a violation of Article 13 (right to an effective remedy), read in conjunction
with Articles 2 and 3.
The Court found, in particular, that in view of the overall situation in Syria and the individual risk
faced by the applicant it could not be established that he could safely return to Syria.
The Court also found that the applicant had not had access to an effective remedy, noting that his
request for a stay of execution of the expulsion order had been rejected on the grounds that he
posed a threat to national security, and that the proceedings relating to the application for refugee
status or humanitarian status had not been aimed at reviewing the lawfulness of the expulsion order
or its effects in relation to the complaints concerning the right to life and the right not to be
subjected to ill-treatment. ..."
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