Euroopa Inimõiguste Kohus
17.12.1996
Facts
The applicant Mr Ahmed, Somali citizen, arrived in Vienna Airport in 1990, via Syria and the Netherlands. He applied for asylum and was granted refugee status. In 1994 the Austrian authorities ordered the revocation of the applicant’s refugee status after he was convicted for attempted robbery. The applicant contested this decision in the Administrative Court, which overturned the decision, finding that the applicant’s conviction did not mean that the applicant constituted a danger to Austrian society within the meaning of Article 33 of the Geneva Convention. After that, the Minister of the Interior again ordered the revocation of Mr Ahmed’s refugee status, outlining other smaller offences committed by the applicant, cumulatively revealing a tendency to aggression, which made him a danger to society. The Administrative Court upheld the decision and the applicant was issued an exclusion order.
Complaint
The case was referred to the Court by the European Commission of Human Rights to obtain a decision as to whether the applicant’s deportation to Somalia would breach Article 3 (prohibition of torture).
Court’s ruling
The Court reiterated that Article 3 prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the victim’s conduct. Unlike most of the substantive clauses of the Convention, Article 3 makes no provision for exceptions and no derogation from it is permissible, even in the event of a public emergency threatening the life of the nation. The Court found there was no indication that the dangers due to which the applicant was granted refugee status had ceased to exist or that any public authority would be able to protect him in Somalia. Therefore, the applicant’s deportation to Somalia would breach Article 3 for as long as he faces a serious risk of being subjected to torture or inhuman or degrading treatment.