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*Law of Aliens

Published on September 10th, 2018 | by Georgia Archonti

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ECtHR – X v. the Netherlands (application no. 14319/17) [no violation of Article 3], 10 July 2018

On 10 July 2018, the European Court of Human Rights ruled in case X v. the Netherlands (application no. 14319/17), which concerned the removal of a Moroccan national from the Netherlands to his country of origin. The applicant was arrested in 2015 on terrorist-related charges and sentenced to twelve months’ imprisonment. His asylum application was rejected on several instances. He complained before the ECtHR that his removal to Morocco would put him at risk of being subjected to treatment in breach of Article 3 ECHR, given that the Moroccan authorities would be aware of his conviction for terrorism-related crimes in the Netherlands, his association with a dismantled Moroccan militant cell and his asylum application.

The ECtHR relied upon available country of origin information on Morocco, such as the findings of the UN Working Group on Arbitrary Detention and the observations of the UN Human Rights Committee, and affirmed that ill-treatment and torture by the police and the security forces still occur, particularly in the case of persons suspected of terrorism or of endangering State security. Nevertheless, the Court does not find there to be a general and systematic practice of torture and ill-treatment, which is to be determined based on the specific situation of the person concerned.

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