Switzerland condemned by the ECtHR after mandatory expulsion
Published: Tuesday, Sep 17th 2024, 12:30
Updated At: Tuesday, Sep 17th 2024, 12:50
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By ordering the expulsion of a man from Bosnia-Herzegovina, Switzerland has violated his right to respect for family life. This was decided by the European Court of Human Rights.
The person concerned was sentenced to a conditional prison sentence for transporting 194 grams of cocaine. The court also handed down a five-year mandatory expulsion order. The man currently lives in Bijeljina in Bosnia-Herzegovina, while his wife lives with their two daughters in the canton of Zurich.
In its decision published on Tuesday, the European Court of Human Rights (ECtHR) ruled that the Swiss judiciary had not correctly weighed up the interests of the father of the family against the public interest.
It had merely based its decision on the nature of the offense and its severity. In doing so, it disregarded the fact that the convicted person no longer posed a threat to public safety.
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In addition, it gave little weight to other circumstances, such as the low level of guilt of the person concerned, the previously empty criminal record, the merely conditional sentence and the consequences of the expulsion for him and his family.
According to the verdict, his wife is of Serbian origin, but has spent her entire life in Switzerland. Together with their two daughters, she was naturalized a few years ago.
The man had come to Switzerland in 2013 after marrying at the age of 30. The Swiss courts took the view that the man hardly spoke any German and had never had a permanent job, meaning that he could not be considered integrated.
They also felt that the daughters were still small and would therefore be able to settle well in a new environment. As a trained nurse in Bosnia-Herzegovina, the wife would also be able to easily integrate professionally.
Switzerland must pay the Bosnian 10,000 euros in compensation and 15,000 euros for the costs incurred as a result of the proceedings. (Case no. 52232/20 of 17.9.2024)
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