CASE OF A.M.A. v. THE NETHERLANDS (no. 23048/19)
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What was at stake
Whether the applicant's removal to Bahrain would expose him to a real risk of treatment contrary to Article 3 (the prohibition of torture).
What happened
The applicant, A.M.A., is a national of Bahrain who sought asylum in the Netherlands, claiming that his removal to Bahrain would expose him to a risk of torture due to his political activities and previous experiences of ill-treatment by Bahraini authorities.
What the court decided
The Court held that expelling the applicant to Bahrain would subject him to a real risk of torture, constituting a violation of Article 3.
How the court got there
The court decided in favor of A.M.A. because the evidence presented demonstrated a credible risk of torture if he were returned to Bahrain. The court considered the applicant's past experiences of ill-treatment and the current human rights situation in Bahrain. The decision was also influenced by the principle of non-refoulement, which prohibits returning individuals to a country where they face a real risk of torture.
Statutes and cases cited
- § Refugee Convention art. 33
- Plaintiff M70/2011 v Minister
Categories
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