Hudoc Judgment (Struck out of the list) Struck out of the list (solution of the matter)
The applicant came from the Congo. He came to France, where he was a failed asylum seeker and a convicted drug smuggler. He was diagnosed suffering from Aids, with Kaposi’s syndrome. Before the Commission he sought the protection of Article 3 on the footing that deportation to the Congo ‘would reduce his life expectancy because he would not receive the medical treatment his condition demanded’ (paragraph 32 of the Strasbourg court’s judgment). The Commission declared the application admissible, and expressed the opinion that there would be a breach of Article 3 were the applicant deported. However by the time the matter reached the court the French government had given an undertaking not to remove the applicant to his country of origin, and so the court struck the case out of the list. In paragraph 39, however, the court indicated that it had explained in D the nature and extent of the Article 3 obligation in a case based on want of medical care in an applicant’s home State.
30930/96, [1998] ECHR 84
Worldlii, Bailii
European Convention on Human Rights 3
Human Rights
Cited by:
Cited – N v the Secretary of State for the Home Department CA 16-Oct-2003
The applicant entered the UK illegally. She was unwell and was given treatment. She resisted removal on the grounds that the treatment available to her would be of such a quality as to leave her life threatened.
Held: D -v- UK should be . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 August 2021; Ref: scu.165667
