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SLOVAKIA: ECHR rules against deportation of convicted terrorist because of risk of torture

23 June 2012

"On 15 May, the European Court of Human Rights found that Slovakia had violated the the European Convention of Human Rights, including the principle of non-refoulement by deporting Mustapha Labsi to Algeria where he was at risk of being subject to torture or inhuman or degrading treatment. Mustapha Labsi was deported because he was deemed to constitute a danger to national security and because he was wanted in Algeria where he had been convicted on 1 June 2005, in absentia, of membership of a terrorist organisation acting both in Algeria and abroad, and of forgery. He had also been convicted by a French court on 7 April 2006 of involvement, as a member of an organised group, in the preparation, between 1996 and 1998, of a terrorist act in France and several other countries and of forging identity documents. The European Court held that the diplomatic assurances given by the Algerian government were insufficient, in particular in light of the reports of torture committed by its secret services, which detained Mr Labsi for twelve days upon arrival. The Court also found that his right to a remedy had been violated as he was not given time to use a constitutional remedy which could have avoided deportation. Finally, the Court held that Slovakia violated Article 34 of the European Convention on Human Rights for having expelled the applicant while interim measures of the same Court were still in force." (ICJ bulletin)

See: Full judgment (pdf)