| Bad Attila |
16 maart 2018 13:07 |
Citaat:
Oorspronkelijk geplaatst door De schoofzak
(Bericht 8668463)
DVZ heeft dus wel degelijk gemotiveerd.
Maar volgens de Franstalige PS-benoemde rechter kan dat nooit voldoende zijn. Meneerke zal altijd wel iets vinden om de actuele meerderheid te kloten.
Eén ding is nog positief: alweer gratis reclame voor Theo en voor de nva.
|
the Court stresses that the issue before it is not whether the applicant would be detained and interrogated, or even convicted of crimes later on, by the Moroccan authorities since this would not, in itself, be in contravention of the Convention. Its concern is whether or not the applicant would be ill-treated or tortured, contrary to Article 3 of the Convention, upon return to his home country. In this respect, the Court reiterates that Article 3 enshrines one of the most fundamental values of democratic societies. Even in the most difficult circumstances, such as the fight against terrorism and organised crime, the Convention prohibits in absolute terms torture and inhuman or degrading treatment or punishment. Unlike most of the substantive clauses of the Convention and of Protocols Nos. 1 and 4, Article 3 makes no provision for exceptions and no derogation from it is permissible under Article 15 § 2 even in the event of a public emergency threatening the life of the nation.
The applicant essentially claims that, since the Moroccan authorities know that he is considered a security threat in Sweden, he will be arrested upon return and tortured as a suspected terrorist. He alleges that the type of activity he is accused of by the Swedish Security Service is a criminal offence under Moroccan terrorist legislation. The Court observes that the Swedish Government have acknowledged that the Security Service has been in contact with the Moroccan authorities and informed them about the applicant. The Moroccan authorities are thus aware that the applicant is considered a national security threat in Sweden and they have certain information about him. This clearly distinguishes the present case from the case of A.J. v. Sweden, referred to by the Government (see paragraph 42 above). Moreover, the Court notes that it is the Swedish Security Service which is responsible for the enforcement of the applicant’s expulsion and that its officers will escort him back to his home country. In view of this, and having regard to the material from reliable international sources which show that arbitrary detention and torture continue to occur in cases related to persons suspected of terrorism and considered a national security threat (see paragraphs 27, 28 and 30 above), the Court considers that the applicant has shown that there is a risk of his being subjected to treatment contrary to Article 3 if expelled to his home country.
https://hudoc.echr.coe.int/eng#{"itemid":["001-180018"]}
Ook van een Franstalige PS-benoemde rechter.
|