AUAD v. BULGARIA JUDGMENT
1
In the case of Auad v. Bulgaria,
The European Court of Human Rights (Fourth Section), sitting as a
Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Ljiljana Mijović,
George Nicolaou,
Zdravka Kalaydjieva,
Nebojša Vučinić,
Vincent A. De Gaetano, judges,
and Lawrence Early, Section Registrar,
Having deliberated in private on 20 September 2011,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in an application (no. 46390/10) against the
Republic of Bulgaria lodged with the Court under Article 34 of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(“the Convention”) by a stateless person of Palestinian origin, Mr Ahmed
Jamal Auad (“the applicant”), on 13 August 2010.
2. The applicant was represented by Ms D. Daskalova, a lawyer
practising in Sofia, Bulgaria. The Bulgarian Government (“the
Government”) were represented by their Agents, Ms N. Nikolova and
Ms M. Kotseva, of the Ministry of Justice.
3. The applicant alleged, in particular, that his proposed expulsion to
Lebanon would expose him to a risk of ill-treatment or death, that he did not
have an effective remedy in respect of his claim in that regard, and that his
detention pending deportation had been too lengthy and unjustified.
4. On 13 August 2010 the applicant asked the Court to indicate to the
Government, by way of an interim measure, to refrain from removing him
to Lebanon and to release him immediately from his detention pending
deportation. On 17 August 2010 the President of the Fifth Section of the
Court decided, in the circumstances, not to indicate to the Government the
interim measure sought by the applicant.
5. On 23 September 2010 the President of the Fifth Section decided to
give priority to the application under Rule 41 of the Rules of Court and to
give notice of it to the Government. It was also decided to rule on the
admissibility and merits of the application at the same time (Article 29 § 1
of the Convention).
6. Following the re-composition of the Court’s sections on 1 February
2011, the application was transferred to the Fourth Section.