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ECtHR tells France to postpone expulsion of a Tamil

20 Sep 2013 - {{hitsCtrl.values.hits}}

The European Court of Human Rights (ECtHR) has invoked on Thursday article 39 of its Rules indicating an interim measure in a case involving the expulsion of a Tamil from France. The request for an interim measure means that Paris will have to refrain from expelling the man until the judgment becomes final or until further order.

The case deals with the claims of an applicant of a Tamil ethnic origin, originally coming from Batticaloa (Sri Lanka), who claims he had been persecuted by the Sri Lankan authorities because of his origin and his political activities in support of the Liberation Tigers of Tamil Eelam (LTTE).

He furthers alleges that while being the treasurer of a trade union, he paid part of its assets to the LTTE and following a complaint by one of his colleagues was arrested by the authorities.

Fearing for his life, he decided to leave Sri Lanka and travel to France where arrived and applied for asylum in 2011. A little before the French Agency for the Protection of Refugees and Stateless Persons (OFPRA) rejected his asylum application later the same year, the Tamil turned to the Strasbourg-based court to request an interim measure, or in other words a legal halt to the expulsion. He argues that the enforcement of the order for his removal from French territory would place him at risk of treatment contrary to the European provision prohibiting torture.

Apparently, the court considers that the man would be in danger, if returned because on 19 September requested France to postpone the expulsion of the Tamil and warned that if the man were returned to Sri Lanka, this would constitute a violation of the provisions prohibiting torture and inhuman or degrading treatment.

Four years ago, the government and the military crushed separatist Tamil rebels and ended a 26-year war. (New Europe)

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ECtHR tells France to postpone expulsion of a Tamil

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