Information Note on the Court’s case-law No.
February 1998
Bahaddar v. the Netherlands (preliminary objections) - 25894/94
Judgment 19.2.1998
Article 35
Article 35-1
Exhaustion of domestic remedies
Expulsion to a country where there is an alleged risk of ill-treatment: preliminary objection allowed
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
Reiteration of Court’s case-law on requirements of Article 26 of Convention regarding exhaustion of domestic remedies.
Although prohibition of ill-treatment contained in Article 3 of Convention is also absolute in expulsion cases, applicants invoking this Article are not dispensed as a matter of course from exhausting available and effective domestic remedies and normally complying with formal requirements and time-limits laid down by domestic law.
In the instant case applicant failed to comply with time-limit for submitting grounds of appeal – failed to request extension of time-limit even though possibility open to him – no special circumstances absolving applicant from compliance – even after time-limit had expired applicant had possibility to lodge fresh applications to domestic authorities either for refugee status or for residence permit on humanitarian grounds – Court notes at no stage during domestic proceedings was applicant refused interim injunction against expulsion – thus no imminent danger of ill-treatment.
Conclusion: preliminary objection allowed (seven votes to two).
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This summary by the Registry does not bind the Court.
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