ECHR : France strongly condemned the expulsion of two children to the Comoros

The Council of Europe judiciary was hijacked by a father of two who has been staying regularly in Mayotte since 1994 with a family car.

The judiciary of the Council of Europe was seized by a father of two who has been a regular resident of Mayotte on a residence card since 1994.

The European Court of Human Rights (ECHR) strongly condemned France on Thursday for the administrative detention and then the illegal “exit” of two children aged 3 and 5 in Mayotte, pointing to up to seven violations of the European Convention.

These two children “were placed in administrative detention in the company of adults (who were not members of their family) and were quickly returned to the Chambers”, which “could have caused a situation of stress and anxiety and had particularly traumatic consequences for their psyche”, said the Strasbourg court.

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The judiciary of the Council of Europe was assumed by a father of two who has been regularly residing in Mayotte since 1994 with a renewed temporary carte de séjour. Born in 2008 and 2010, two children, also applicants, were born in Mayotte. Her Comorian mother, in an irregular situation, was returned with them to the Comoros in 2011, but then returned to the island of Mayotte, after entrusting her children to her grandmother.

Seven violations of different articles of the ECHR

In November 2013, two children repeated the trip to the island of Mayotte “on board the ship of fortune” in which 17 passengers were detained at sea by the French authorities, always depending on the courts. They connected administratively with one of these travelers and returned the same day to the Chambers, without which his father could not contact them.

“The totality of the circumstances led the Court to conclude that the separation of two very young children, who were not known or attended by any adult, was decided and carried out without guaranteeing a reasonable and objective examination of their situation”, summarized the ECtHR.

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France will have to pay the father and the two children 22,500 euros for moral damages. In total, the judges of the court considered that France had committed seven violations of different articles of the European Convention on Human Rights in this case, especially those related to the prohibition of inhuman and degrading treatment, the right to liberty and security, or the right to respect for private and family life.

It is the third conviction of France by the ECtHR since the beginning of June, after one related to pro-Palestinian activists who called for a boycott of Israeli products and another for failing to take sufficient measures to protect a girl who died after being beaten by her parents.

The ECHR applies to the deprivation of French citizenship of five men

Meanwhile, in another case, the European Court of Human Rights ruled on Thursday that France did not violate the fundamental rights of five men convicted of terrorism when it stripped them of their citizenship eight years after their conviction. These five men have dual nationality, four Franco-Moroccan and Franco-Turkish, in 2007 they were sentenced to between six and eight years in prison for “participation in a criminal association for the preparation of a terrorist act”.

They were tried for more or less direct links with the Islamic Combat Group in Morocco, responsible for the Casablanca attacks on May 16, 2003, in which 45 people died, including three Frenchmen, and hundreds were injured. Released in 2009 and 2010, they were stripped of their French citizenship in October 2015. These childhood friends from the popular Yvelines neighborhood in the Paris region, who became French between 1991 and 2001, appealed to the European Court of Human Rights for the right to respect for their private and family life and the right not to be tried or punished twice for the same acts.

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Stressing that “terrorist violence itself constitutes a serious threat to human rights, the European Court of Human Rights noted that deprivation of citizenship did not make people stateless, as they were all of different nationalities, and that “the loss of French citizenship would not automatically expel them from the territory.” Therefore, it found that their deprivation of citizenship “did not have a disproportionate impact on their private life,” according to a statement released Thursday.

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Revocation of French citizenship is possible for people who have “acquired the status of French”, and only for special reasons, including conviction for treason or terrorism. After the November 2015 attacks in Paris, the president of the fran&arbitration boardit;ais, François Hollande, wanted to extend it to people of binational origin such as French. After several months of heated debates, François Hollande finally gave up.

Date updated: June 25, 2020, 20:58

Categories: Optical Illusion
Source: newstars.edu.vn

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