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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