Published on 16 September 2024
THIRD SECTION
Application no. 20272/23
Z. S.
against Switzerland
lodged on 16 May 2023
communicated on 30 August 2024
SUBJECT MATTER OF THE CASE
The application concerns the expulsion of a Burkinabe national born in 1970, who entered Switzerland in 2006. He has two daughters from a previous relationship in Burkina Faso (born in 2000 and 2004), who joined him in Switzerland in 2010. Later, he had two children (born in 2016 and 2020) with two different Swiss nationals and is currently in a relationship with the mother of his son born in 2020.
In May 2019 his eldest daughter (born in 2000) filed a criminal complaint against the applicant, accusing him of committing sexual acts against her over a period of several months. By judgment of 29 June 2021 the Court of First Instance of the Canton of Jura sentenced him to six years’ imprisonment, inter alia, for multiple indecent assault, incest and rape and ordered his expulsion for ten years by virtue of Article 66a of the Criminal Code. The applicant appealed to the Cantonal Supreme Court of Jura, claiming, inter alia, that he would be in danger if he were to return to Burkina Faso because of the unstable and violent situation and his political activities in Burkina Faso. In its decision of 10 February 2022, the Cantonal Supreme Court of Jura essentially confirmed the verdict of the Court of First Instance but reduced the sentence to five years’ imprisonment. It upheld the expulsion order without assessing the situation in Burkina Faso. In his appeal to the Federal Supreme Court, the applicant again referred to the violent situation following the military coups of January and September 2022. He also claimed that he was politically exposed in Burkina Faso as a relative of a former president. To substantiate his claims, he relied on information provided by the Swiss Federal Department of Foreign Affairs. The Federal Supreme Court rejected the applicant’s appeal on 20 December 2022 (6B_396/2022), without separately addressing these claims. With regard to the partner and the youngest child, it stated that they could easily settle in Burkina Faso.
The applicant complains that if he were returned to Burkina Faso he would be exposed to a real risk of being subjected to treatment contrary to Articles 2 and 3 of the Convention due to the unstable security situation in that country. He also complains that his expulsion would violate Article 8 of the Convention because of his family life in Switzerland.
QUESTIONS TO THE PARTIES
1. Before deciding on the applicant’s expulsion, did the authorities consider the applicant’s claim that he would be exposed to a risk of being subjected to inhuman treatment contrary to Articles 2 and 3 of the Convention if returned to Burkina Faso?
2. Before executing the expulsion order, will the competent authorities make such an assessment? If so, does the assessment constitute an appealable decision?
3. In the light of the applicant’s claims, the documents which have been submitted and the relevant country information, would he face a risk of being subjected to treatment in breach of Articles 2 and 3 of the Convention if the expulsion order were enforced?
4. Would there be a violation of the applicant’s right to respect for his private and/or family life contrary to Article 8 of the Convention if the expulsion order were enforced? In this context, did the authorities sufficiently consider the applicant’s family situation when ordering his expulsion?