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Switzerland condemns – removal violated the prohibition of torture

The European court of human rights condemned Switzerland for violation of the Convention on human rights. Switzerland wanted to aim for a convert to Christianity to Afghans of the ethnic group Hazara.

in order for article 3 of the human rights Convention, a prohibition of torture, and thus one of the core fundamental rights of the Convention. The provision prohibits inhuman or degrading punishment and treatment.

The Federal administrative court had dismissed the complaint of the husband against his removal. The court in St. Gallen arrived in October 2016, in a Leiturteil to the conclusion that the person Concerned had made his conversion from Islam to Christianity believable. In his native Afghanistan, he was not at risk because of his faith, however.

And even if he could not return to its original home, there is the possibility for him to live in Kabul, where uncles and Cousins were. They knew nothing of his new religion.

Not sufficient

The ECtHR noted in its judgment of Tuesday, that the Federal administrative court did not examine the Situation of the Complainant as sufficiently tested. It pays attention also to the numerous international documents, according to which Christians in Afghanistan would be prosecuted and the death penalty.

The rejection of the man would lead, according to the ECtHR, the convert would have to live his Faith secretly. Enjoyed contacts with other faith would be virtually impossible, and he would have to live with the constant fear that his religion would be discovered belonging.

not at All, the Federal administrative court had observed that the ethnic group of the Hazara belong. This experience in Afghanistan has always been a discrimination. (Judgment 32218/17 from 05.11.2019) (sda/red)

Created: 05.11.2019, 11:48 PM

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