Enforced Disappearance Legal Database

E.L.A. v. France

Key Judgment


Legal Relevance

Extraterritorial Jurisdiction | Admissibility | Refugees and Migrants

The Committee clarified that the risk of enforced disappearance at the country of origin/return should be linked to the personal circumstances of the applicant, as well as the general context of enforced disappearance in the respective country. The risk of enforced disappearance following return must be examined by the domestic courts in a comprehensive manner. A mere acknowledgment of the applicant’s arguments and a simple confirmation of the lower court’s findings does not satisfy this requirement.

Judgment Date

September 25, 2020

Country

France

Judicial Body

Committee on Enforced Disappearances

Articles violated

Article 16 [ICPPED]

Facts of the Case

Mr. E.L.A., a citizen of Sri Lanka, alleged that he was arrested and detained on several accounts in 1997, 1998, 1999 and 2000 in his origin country. He also reported instances of torture and ill-treatment from the police personnel. The applicant claimed that members of his family were arrested, tortured and ill-treated, and eventually killed by the armed forces. Fearing for his safety, in 2003, Mr. E.L.A. applied for asylum in France. The applicant repeatedly claimed that if expelled, he would be at risk of persecution and enforced disappearance by the Sri Lankan Army. His asylum application has been examined and re-examined on a total of five occasions by the French asylum courts.

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