TA Toulouse, June 27, 2018, No. 54-035-03D
TA Toulouse, July 18, 2018, No. 54-035-03D
ECHR, application no. 34349/18 c.France, July 24, 2018
A mother sleeping on the street with her three children, an asylum seeker appealed to the Administrative court of Toulouse . On June 27, 2018, the court ordered the prefect to provide for her and her children with a shelter, without delay and under penalty of 200 euros per day of delay.
As the State was not responding, Madam appealed a second time to the Administrative Court, July 5, 2018, to obtain the execution of the first order. On the same day, the court grants its requests.
She had to appeal to the Administrative Court for the third time to make note the serious and obviously illegal attack brought to its right to an effective remedy. By an order dated July 18, 2018, the court ordered the prefect to designate a place to stay with Mrs. and her three children, within 24 hours and under penalty of 500 euros per day of delay. The prefect still does not run.
She then decided to turn to the European Court of Human Rights and sought, under the provisional measures of Article 39 of its rules, the condemnation of the French State to execute the orders of the Administrative Court of Toulouse. She based her application on Articles 3 (inhuman and degrading treatment), 6 (right to a fair trial) and 8 (protection of private and family life and the home) of the European Convention for the Protection of Human Rights.
On 24 July 2018, the European Court of Human Rights "decided to ask the French Government, in accordance with Rule 39 of the Rules, in the interest of the parties and the smooth running of the procedure before it, to ensure the care of the applicant and her three daughters including ranting them emergency accommodation".
She was taken care of the same day by the state.
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