The Association for Legal Intervention provided legal assistance to a Chechen national, N.M., who was to be deported to Russia. In case of his deportation there was a serious suspicion that he could fall victim of torture, inhuman or degrading treatment. He is suspected of supporting terroristic organisations. All relevant documents in his case were classified.
The return order was issued by the Commander of the Border Guard division. As the decision was issued due to the need to protect national security or safety or the public order, it was immediately enforceable. It means that N.M. could be deported even before his appeal is heard.
The Association is aware of cases where persons deported to Russia due to terroristic charges were immediately arrested and suffered degrading treatment in prison. Such information were also included in the OSCE report of 21 December 2018 under the Moscow Mechanism on alleged Human Rights Violations and Impunity in the Chechen Republic of the Russian Federation.
For those reasons, the Association decided to request an interim measure in the European Court of Human Rights. The Association claimed that in case of the deportation of N.M. his basic human rights (freedom from torture, other inhuman or degrading treatment, right to an effective remedy) would be violated.
On 18 February 2019 the European Court of Human Rights, based on Rule 39, decided that N.M. should not be deported until 15 April 2019. The Association is planning to lodge a application to the European Court of Human Rights indicating that N.M. was deprived of a right to an effective remedy and that in case of his deportation he would be at risk of degrading treatment.
N.M. is represented in the European Court of Human Rights by an attorney Małgorzata Jaźwińśka, who is collaborating with the Association for Legal Intervention.