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Justice Matrix · Case profile

CASE OF Y AND OTHERS v. SWITZERLAND (no. 9577/21)

Council of Europe (ECtHR)2024
AdverseLow precedentNeeds review
Needs review

Machine-found from the cited source, not yet confirmed by a human. Open the source before relying on it.

Strategic issue

What was at stake

Whether the applicants' expulsion to Albania would expose them to a real risk of treatment contrary to the right to life under Article 2 and the prohibition of torture under Article 3.

Facts

What happened

The applicants, a group of individuals from Albania, faced expulsion from Switzerland. They claimed that their return to Albania would expose them to risks of harm that would violate their rights under the European Convention on Human Rights.

Key holding

What the court decided

The Court held that the applicants' expulsion to Albania would not expose them to a real risk of treatment contrary to the right to life under Article 2 or to the prohibition of torture under Article 3, and therefore found no violation of either article.

Reasoning

How the court got there

The court determined that the applicants did not provide sufficient evidence to demonstrate a real risk of harm upon their return to Albania. The court considered the general situation in Albania and the personal circumstances of the applicants, concluding that the risk was not substantial enough to warrant protection under Article 2 or Article 3.

Authorities

Statutes and cases cited

Statutes & treaties
  • § Refugee Convention art. 33
Cases cited
  • Plaintiff M70/2011 v Minister
Issue areas

Categories

article-3asylumnon-refoulementrefugee
Source

Authoritative link

Source of record
https://hudoc.echr.coe.int/eng?i=001-237437
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