Information Note on the Court’s case-law 12

November 1999

Tatete v. Switzerland (dec.) - 41874/98

Decision 18.11.1999 [Section II]

Article 2

Article 2-1

Life

Illegal immigrant suffering from AIDS sent back to her own country: admissible

The applicant, who was born in the Congo, entered Switzerland illegally in February 1997 and made an application for asylum, which was refused. Her application for judicial revi ew of that decision was dismissed and she was ordered to leave Swiss territory. Approximately a month before the date by which she was required to leave she went into hospital and learnt that she had contracted Aids and was suffering from pneumonia. Her ti me-limit for leaving Switzerland was extended by one and a half months. A further extension was granted on her subsequent readmission to hospital. In January 1988 the applicant asked the authorities to reconsider her position. She produced a medical certif icate in support of her request which certified that as a result of contamination by the Aids virus she was suffering from serious infections that were likely to be fatal in the mid-term unless she received appropriate treatment, that she required tri-ther apy to improve her prognosis and that any abrupt end to the treatment would have dramatic consequences on her condition. That request was dismissed in February 1998, on the ground that the infectious illnesses from which she was suffering could be treated in her country of origin and there was no cure for Aids, whether in Switzerland or the Congo. The Swiss authorities also considered that returning to her family would have beneficial psychological effects and offered to provide her with the necessary medic ation and therapeutic advice.

Admissible under Articles 2 and 3 (application of Rule  39 of the Rules of Court).

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes