655 12 hrcd [ 2001 ] K.K.C. v. the NETHERLANDS Prohibition of torture and of inhuman or degrading treatment– admissible Article 3 Deportation of Chechen to Russia. On 3 July 2001 a Chamber of the European Court of Human Rights declared admissible the application in the case of K.K.C. v. the Netherlands . Summary of the facts The applicant, Mr K.K.C., is a Russian national of Chechen origin, born in 1969 and currently living in the Netherlands. He is to be deported to the Russian Federation. In 1992 , he started being involved in the activities of the Chechen army. In 1994 , he was accused of treason and immediately arrested by the Chechen military authorities. He managed to escape and remained in hiding in Chechnya until 1997 , when he fled to the Netherlands. He unsuccessfully filed with the State Secretary of Justice a first application for asylum or a residence permit on human- itarian grounds. His appeal was rejected. He made a second application for asylum which was also turned down. His subsequent appeal was to no avail. In his appeal, the applicant relied on a statement made by the State Secretary of Justice, according to whom Chechens not holding a residence permit for another area in the Russian Federation than Chechnya should not be expelled until the situation of displaced Chechens in the Russian Federation had improved. This statement was deemed irrelevant in the applicant’s case, on the ground that he had a criminal record in the Netherlands – he had been found guilty of a minor offence and shoplifting. Accord- ing to the Circular on Aliens, no balance had thus to be made between the applicant’s interests and the public interest through an assessment of his offences. In his submission to the Court, the applicant complained that, if expelled to Russia, he would run a real risk of being subjected to treatment contrary to Article 3 of the European Convention on Human Rights. He submitted that he would be prosecuted and persecuted by the Chechen authorities for desertion from the Chechen army and prosecuted by the Russian authorities because he is an ethnic Chechen and had served in the Chechen army.
Human Rights Case Digest – Brill
Published: Jan 1, 2001
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