Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
In its decision the CAT notes that Adel
Tebourski claims to have learnt, from a
friend who works in the police, that an
internal circular had been sent around all
police in Tunisia at the time of his return to
the country, to the effect that he should not
be arrested for any reason in the weeks
following his arrival. Adel Tebourski believes
that the reason for this circular was the
international media attention which his case
had received.
The case of Asebeha Gebremedhin:
decision of the European Court of Human
Rights
On 26 April the European Court of Human
Rights ruled that France had violated
Articles 3 and 13 of the European
Convention on Human Rights in the case of
Asebeha Gebremedhin, an Eritrean asylumseeker who arrived at the Charles de Gaulle
airport on 29 June 2005. On arrival
Asebeha Gebremedhin made an immediate
claim for asylum, but his application was
rejected a week later and he was put under
an expulsion order (arrêté préfectoral de
reconduite à la frontière). He made an
appeal against the decision, which was
rejected. He then made an emergency
application to the European Court and as a
result was able to remain in France while
the European Court’s decision was pending:
a few months later he obtained refugee
status. The European Court noted in its
ruling that under the European Convention
on Human Rights there exists an obligation
to provide a right of appeal with suspensive
effect against a decision to return an
individual to a country where he or she may
be at risk of torture or other serious illtreatment.
Immigration
On 26 May Selif Kanaté, an irregular
migrant of Malian origin, was the subject of
an attempted forcible expulsion from France,
on board a flight from Paris to Bamako. The
expulsion and the flight were aborted
following protests from passengers against
Amnesty International
49
the alleged violent ill-treatment of Selif
Kanaté by the two law enforcement officers
accompanying him. Witnesses claim to have
seen the officers punching and strangling
Selif Kanaté.
In June the new Minister for Immigration
announced an objective of expelling 25,000
irregular migrants in 2007.
A draft immigration bill, to be voted on in
the second part of 2007, was published.
The bill would restrict the procedures for
family reunification. Under the proposed
law family members wishing to join
relatives in France would have to pass tests
of their French language skills and their
knowledge of ‘French values’, while still in
their country of origin. Families in France
would have to ensure their integration, and
the integration of their children, into French
society. Failure to do so could result in the
suspension of family benefit payments. The
government also announced an intention to
make more rigorous the conditions (relating
to sufficient financial means, adequate
housing and a job) that immigrants already
living in France would have to satisfy in
order to demonstrate that they would be
able to support family members intending
to join them.
GEORGIA
Torture, Ill-Treatment, Excessive use
of force and Impunity
OPCAT
Georgia acceded to the UN Optional
Protocol to the Convention Against Torture
and
Cruel,
Inhuman
or
Degrading
Treatment or Punishment (OPCAT) on 22
June 2006. Under the OPCAT, Georgia was
to designate or establish one or more
independent national mechanisms for the
prevention of torture within a year. While
the authorities have established an Interagency Coordination Council to implement
activities directed against torture, inhuman,
cruel
and
degrading
treatment
or
punishment
(Inter-agency
Coordination
Council), tasked with providing assistance
to the National Preventive Mechanism, AI
was concerned that they had yet to
AI Index: EUR 01/010/2007
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