ECtHR, 9 January 2018, X v. Sweden, Appl. No. 36417/16

National security and expulsion of a suspected terrorist; protection of human rights prevails over security

Abstract

With its judgment in the case X v. Sweden, the Court of Strasbourg deals with the issue of national security and human rights, assessing, in particular, the compatibility with the European Convention of Human Rights of the decision adopted by Sweden to expel a suspected terrorist to his home country, Morocco. The Court found that, in the light of the peculiar circumstances of the case, there are no sufficient elements to exclude that the applicant, if expelled, would face the risk of being subjected to torture or inhuman or degrading treatment prohibited under Article 3 of the Convention. For this reason, under Rule 39 of its Rules of Court, the Court also indicates to Sweden the interim measure not to proceed with the enforcement of the expulsion.