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Switzerland fined for denying asylum for gay Iranian

the European Court of Human Rights in Strasbourg
The European Court of Human Rights in Strasbourg. Copyright 2023 The Associated Press. All Rights Reserved

Switzerland violated the prohibition on inhuman treatment by considering that a gay Iranian could be returned to his country. The European Court of Human Rights has awarded the plaintiff €7,000 (CHF6,550) in compensation for his costs.

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Insulted and beaten by his family because of his sexual orientation, the man applied for asylum in Switzerland in 2019. The State Secretariat for Migration did not consider his story credible and rejected his application. This decision was upheld by the Federal Administrative Court.

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In its decision published on Tuesday, the European Court of Human Rights in Strasbourg found that the removal decision exposed the applicant to inhumane treatment by his family, third parties and even the Iranian state. The prohibition on such treatment set out in Article 3 of the Convention would therefore be violated.

In the ECHR’s view, this finding in itself constitutes sufficient just satisfaction for the damage suffered by the applicant. Switzerland was ordered to pay him €7,000 for his costs and expenses.

Translated from French by DeepL/ts

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