O.S. v. Switzerland (no. 43987/16), communicated on 29 March 2017
On 29 March 2017, the ECtHR communicated case O.S. v. Switzerland (no. 43987/16). The case concerns a Gambian national who arrived in Switzerland in 2008 and applied for asylum under a false name and nationality. For that reason, his request was denied and an order of expulsion was issued. In March 2013, he applied for asylum for the second time, this time under his real name and nationality, on the basis of his homosexuality and the correlating risks of persecution in Gambia. His request was again denied. In July 2014, he officially registered his partnership with his same-sex partner and applied for a residence permit to stay in Switzerland. In February 2015 the migration authorities refused the applicant’s request and ordered his expulsion, holding that he had to await the outcome of possible appeals against the refusal outside Switzerland. The applicant appealed against the refusal, which is still pending before the Administrative Court.
He requested an interim measure to be able to say in Switzerland during the appeal proceedings, but this request was denied, and so was the appeal against this refusal. The Federal Supreme Court held, inter alia, that there were no concrete obstacles for the applicant to return to Gambia, at least temporarily, since there were no indications that the Gambian authorities were aware of the applicant’s homosexuality or partnership. Therefore, the Federal Court found that there was no real risk for the applicant under Article 3 when returned to Gambia.
The applicant complains under Article 3 ECHR that, owing to his homosexuality, even a temporary return to Gambia would expose him to a real risk of arbitrary detention, imprisonment and torture.
▻http://mailchi.mp/ecre/elena-weekly-legal-update-21-april-2017#2
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