ECHR Upholds France’s Rejection of Moroccan Asylum Seeker’s Application

In his application filed with the ECHR, the Moroccan claims to have been arrested, arbitrarily detained and tortured by the Moroccan police on several occasions. He would also be wanted by the Moroccan authorities since 2018. It is for these reasons that he decided to leave Morocco, fearing for his life, and to join France where he intended to apply for asylum, reports Diario Constitucional.

But the French authorities rejected the Moroccan’s asylum application, considering it "manifestly unfounded," and ordered his expulsion to Morocco, after several administrative and judicial procedures. According to the applicant, the execution of the expulsion order to Morocco had put him at risk of suffering degrading treatment, contrary to Article 3 of the ECHR which prohibits torture and inhuman or degrading treatment.

In its decision, the Court first noted that the applicant had filed a complaint under Article 3 of the Convention, in which he claimed that he was exposed to dangers due to his Sahrawi origin and his activism for this cause. It then noted that, according to various international reports concerning Morocco, Moroccan nationals campaigning for the independence of the Sahara and for the Sahrawi cause can be considered as persons who are at particular risk.

However, the Court states in its judgment, the applicant had not presented the French authorities with any document allowing to conclude that there was a risk of persecution. He also failed to prove that he had actually been persecuted because of his activism. The Court also notes inconsistencies and contradictions in the applicant’s account. In light of all the above, the Court approves the decision of the French authorities, as the applicant did not provide any concrete evidence to justify his alleged fears.