In Emre v Switzerland (no 2) the European Court of Human Rights (ECtHR) has found an infringement of Article 8 (right to respect for private and family life) of the European Convention on Human Rights (ECHR) in relation to a deportation. It is the second time Strasbourg has considered this matter.
Mr. Emre, a Turkish national, originally brought his case before the ECtHR in 2008. He had been convicted of numerous offences ranging from theft to offences against public property. The Swiss authorities sought to deport him indefinitely, arguing that he posed a threat to public safety. Mr. Emre relied on Article 8 of the ECHR and Article 3 (prohibition of inhuman or degrading treatment). He argued that he could not avail of proper health facilities in Turkey and nor did he have proper family ties there, as the majority of his family members were in Switzerland. The Court found in favour of Mr. Emre and held there had been a violation of Article 8 ECHR. The Swiss authorities re-considered the ban, and concluded ten years to be an appropriate time frame for exclusion.
Mr. Emre brought a second case before the ECtHR and added that Switzerland had failed to comply with Article 46 of the ECHR (binding force and execution of judgments.)
The ECtHR has held that the ten year ban violated Article 8 and that the Swiss government did not appear to have considered the balance between the private interests at stake (the applicant and his family) and the public interests (public order and safety).
Click here to view an ECtHR press release.
Click here to view a piece by the Guardian.
Click here to view a piece on the ECHR blog.
Click here to view the judgment (not final and available only in French).