Religion – Weltanschauung – Recht [ RWR ]

The applicants, A.B. and Y.W., are a married couple. They are Chinese nationals of Uighur ethnicity and Muslim faith from Xinjiang province (China). At the time of lodging the application, they were detained in Safi (Malta), but were released thereafter.

The couple arrived in Malta in August 2016 with valid Chinese passports bearing a 3-month Schengen visa. Prior to the expiration of their visa, they approached the Office of the Refugee Commissioner seeking international protection. They claimed in particular that, as they belonged to the Uighur ethnic group, their house and they themselves had been subjected to numerous searches and they were at risk of arbitrary arrest and ill-treatment in China. The case concerns their being issued with a removal decision after being refused international protection in Malta, and the remedy they undertook against that removal order.

Relying on Articles 2 (right to life) and 3 (prohibition of torture/inhuman or degrading treatment) of the Convention in conjunction with Article 13 (right to an effective remedy), the applicants complain that they would be at risk of ill-treatment if they were returned to China and that they had no effective remedy to assess that risk.

Violation of Article 3

Should the applicants be removed to China without an ex nunc rigorous assessment of the risk they would face on their return to Xinjiang Uighur Autonomous Region as Uighur Muslims rejected asylum seekers.

Just satisfaction

No claim for just satisfaction submitted.

Interim measure (Rule 39 of the Rules of Court)

Still in force until the present judgment becomes final or until further notice.

Press release ECHR 031 (2025) 04.02.2025