France: European Court Orders Suspension of Deportation

Under current procedures in France, individuals facing deportation can apply to a special judge for a stay on human rights grounds. But even appeals based on fear of torture or ill-treatment do not automatically suspend the deportation until and unless the special judge orders the stay.  
 
This case shows why France needs an automatic, in-country appeal process for those facing deportation, said Judith Sunderland, researcher on Western Europe at Human Rights Watch. Otherwise, the European Court of Human Rights will keep having to step in.  
 
Daoudi, a 34-year-old Algerian, was released from prison on April 21, 2008 after serving a six-year sentence for a terrorism-related conviction, and was immediately placed in a detention center pending deportation. He was convicted in 2005 under the broad charge of criminal association in relation to a terrorist undertaking. In addition to the prison sentence, the French court ordered that Daoudi be criminally deported after serving his sentence and banned him permanently from re-entering French territory. The trial drew attention because the prosecution alleged that Daoudi and his co-defendants had plotted an attack on the US embassy in Paris. The only evidence presented of a plot against American interests in Paris was the confession of a suspect held in the United Arab Emirates that the appeals court excluded because of concerns about the conditions under which it was obtained.  
 
The United Nations Committee Against Torture has condemned France twice in the past three years for deporting individuals to countries where they faced a risk of torture. In both cases, France had ignored requests from the committee to stay the deportation until the committee had time to study the facts.  

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