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Justice Matrix · Case profile

CASE OF A.M.A. v. THE NETHERLANDS (no. 23048/19)

Council of Europe (ECtHR)2023
FavorableLow 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 applicant's removal to Bahrain would expose him to a real risk of treatment contrary to Article 3 (the prohibition of torture).

Facts

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.

Key holding

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.

Reasoning

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.

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=001-228357
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