The Council of State “enjoins” France to bring back an Uzbek who was expelled to his country of origin despite a decision by European justice, according to an order from the high administrative court. This Uzbek national, suspected of Islamist radicalization by French intelligence services, was deported on November 15 by plane to Uzbekistan. “The Minister of the Interior and Overseas Territories and the Minister of Europe and Foreign Affairs are enjoined to take all useful measures as soon as possible to enable the return, at the expense of the State, of MA in France”, it is written in this order taken on December 7. “There is, however, no reason to attach a penalty to this injunction,” clarified the Council of State.
“Radicalized” and “very dangerous”
Targeted by an administrative ban from the territory from April 2021, this Uzbek national has been the subject since March of an interim measure pronounced by the European Court of Human Rights (ECHR) to prevent his expulsion, “his life being in danger in his country of nationality”, according to human rights associations. The decision of the court located in Strasbourg but also a last minute referral to administrative justice should theoretically have protected this man suspected of Islamist radicalization by the services of the Ministry of the Interior. “We come to welcome something normal, namely respect for the rule of law,” his lawyer, Me Lucie Simon, reacted to AFP. When asked, the Ministry of the Interior did not wish to react to the decision of the Council of State.
“It is a snub both for the Minister of the Interior Gérald Darmanin who announced not to respect the ECHR and for the Paris administrative court which ruled in summary proceedings” on November 16, commented Me Simon. When asked, the judge in summary proceedings noted that the emergency condition could not be considered as fulfilled since the decision determining the country of destination had been completely executed, “an error of law”, according to the Council of State. According to the Interior, interviewed on December 1, the French intelligence services consider this man, aged 39, as “radicalized” and “very dangerous”.
The ministry also judged that he was not likely to “run a personal, real and serious risk by being returned to Uzbekistan” after he had gone there in 2018 and had had a child there in 2019 without be concerned by local authorities. On the profile of the deportee, Me Simon recalls that his client has not been convicted and that his “criminal file is empty”.