On 30 August 2022, the ECtHR also gave its ruling in the case W v. France (Application no. 1348/21). The Court had previously granted interim measures under Rule 39 of Rules of Court, indicating to the French government that the applicant should not be expelled until the case is decided by the Court.

The Court confirmed that the applicant remained but acknowledged the challenge of terrorist threats faced by societies and the need for governments to take measures in this regard. According to the Court, deportation of non-nationals that pose a threat to national security is one of these measures that can be adopted; however, the ECtHR highlighted that it is within its role to ensure that the expulsion is compatible with the protection under the Convention.

The Court reiterated that the human rights situation in Chechnya cannot lead to a conclusion that any deportation there would be against the Convention and, therefore, an individual assessment of the applicant’s expulsion to Russia needs to be undertaken. In the present case, the applicant provided sufficient material evidence that the French authorities had been in direct contact with the Russian authorities for a readmission application and transmitted the file with detailed information regarding the applicant and his engagement with terrorist activities. In light of these elements and the fact that reliable international sources show that arbitrary detention and torture continue to occur in the Chechen Republic in cases involving terrorist suspects, the Court concluded there were substantial grounds for believing that the applicant would be exposed to a real risk of being subjected to treatment contrary to Article 3 of the Convention.

The Court concluded that the deportation order would lead to a violation of Article 3 of the Convention if it were to be executed and extended the interim measure under Rule 39 until the judgment becomes final.

Based on an unofficial translation of the EWLU team.