Europe’s top human rights court has ordered Switzerland to pay €25,000 to a Bosnian drug trafficker the Swiss government deported back in 2021, ruling that his banishment was unlawful.
The European Court of Human Rights sided with the 41-year-old deported, who argued his expulsion had contravened Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life.
The applicant, known as “PJ,” was arrested by the Swiss authorities back in 2018 while attempting to transport 194 grams of cocaine with a street value of around €22,000.
He was handed a suspended prison sentence.
Despite residing in Switzerland with his wife and two children, the Swiss government held that the man spoke German poorly and had failed to integrate into the country. As such, he was subject to a deportation order and returned to Bosnia.
However, the top European court ruled by five votes to two that the deportation was disproportionate and ordered compensation to be paid to the applicant.
“The man had no criminal record and had only been given a suspended sentence,” the court held, noting that he had secured “stable employment” following the conviction and demonstrated good behavior.
The court reminded signatory states that they must strike a “fair balance between individual interests and public interests” when determining the proportionality for deporting foreign criminals.
The €25,000 is payable to the applicant and also to his wife who remains in Switzerland with the children.
