EGMR: R.D. v. France (application no. 34648/14)

The applicant, Ms R.D., is a Guinean national who was born in 1993 and lives in Neuilly-sur-Seine (France). The case concerned the procedure for her deportation to Guinea. She is married to a Christian and has endured all sorts of violent reprisals on the part of her Muslim father and brothers.

Ms R.D., who is from Conakry (Guinea), states that her family are Muslim and her father an imam. In 2010 she met X, who is a Christian, and they kept their relationship secret. In March 2012 X asked for her hand in marriage. R.D.’s father categorically refused to allow his daughter to marry a non-Muslim. R.D.’s father and brothers threatened to kill her if she continued the relationship. Ms R.D. ran away from home and took refuge at X’s house. They married in November 2012, when she was three months’ pregnant. In December 2012 her father, brothers and half-brothers burst into the house she shared with her husband, X. They beat her up and brought her back to her father’s house by force. The police, who had been alerted by the neighbours, went to the house and found her tied to a tree. She was released and taken to hospital where she learnt that she had lost her child. She was kept in hospital for two months. She then took refuge with an uncle in a town 800 km from Conakry. Meanwhile, her father, an influential imam, had her husband arrested. Her in-laws’ house was wrecked. When threatened with being discovered at her uncle’s house, Ms R.D. fled. She left Guinea for France.

After arriving in France in February 2014 she sought help from associations in Reims in obtaining an address for administrative purposes so that she could lodge an asylum application. After being alerted by compatriots and fearing that her father would find her in France, she attempted to escape and was arrested at the gare du Nord in Paris. On 28 April 2014 the authorities served her with an order for her immediate removal to Guinea and an administrative detention order. She unsuccessfully sought judicial review in the Paris Administrative Court. On 30 April 2014 she lodged an asylum application which was processed under the fast-track procedure and rejected. An appeal by Ms R.D. is still pending. On 13 May 2014 the Court decided to indicate to the Government, under Rule 39 of the Rules of Court (interim measures), not to deport R.D. to Guinea for the duration of the proceedings before it.

Ms R.D. alleged that enforcement of her deportation to Guinea would expose her to a risk of treatment contrary to Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights.

Relying on Article 13 (right to an effective remedy) of the European Convention taken in conjunction with Article 3, she complained that, owing to the examination of her asylum application under the fast-track procedure, she had not had an effective remedy under French law by which to assert her complaint under Article 3.

  • Violation of Article 3 – in the event of Ms D.’s removal to Guinea
  • No violation of Article 13 taken in conjunction with Article 3
  • Interim measure (Rule 39 of the Rules of Court) – not to deport Ms D. – still in force until this judgment becomes final or until further order
  • Just satisfaction: The applicant did not submit a claim for just satisfaction.

Press release ECHR 207 (2016) 16/06/2016

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , . Leave a Comment »

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