The European Court of Human Rights (ECHR) has ruled against Switzerland for its deportation of a Kosovar man, ordering the country to pay €19,000 in damages. The case has sparked considerable debate around immigration enforcement, human rights, and medical care accessibility in deportation cases.
 |
The individual at the center of the case is a 35-year-old Kosovar man who arrived in Switzerland as an infant in 1989 through family reunification. He lived in the canton of Ticino with his mother and father. However, as an adult, he strayed into criminal activity. In 2009, he was sentenced to 26 months in prison for multiple offenses, including physical assault, repeated coercion, bodily harm, and complicity in theft. As a result, Swiss authorities revoked his residence permit.
Despite the revocation, his deportation did not take place until July 2023, 14 years later, after years of legal appeals and disputes between various levels of the Swiss government and courts. In the meantime, the man had undergone heart valve surgery in 2009 due to a congenital heart defect and required biannual medical checkups. He argued that Kosovo lacked the necessary medical infrastructure to handle emergency surgeries related to his condition, and deportation would put his life at risk.
Swiss authorities claimed he could access adequate medication in Kosovo and pointed to his regular visits there during holidays as evidence of his ability to live in the country. They also noted his poor social integration in Switzerland and financial dependence on his parents.
However, the ECHR took a different view. The court found that Switzerland had violated the man’s right to respect for private and family life under Article 8 of the European Convention on Human Rights. The judges emphasized that he had spent his entire life in Switzerland, where his family and social roots were established. The court noted that since his initial criminal offenses, his behavior had been exemplary and that his difficulties in finding work were due in large part to his unresolved immigration status.
Interestingly, the court did not rule directly on the sufficiency of Kosovo’s medical infrastructure. It stated that the violation of his family rights alone was enough to render the deportation unlawful. As a result, the ECHR awarded him €19,000 for damages and legal costs.
Going forward, Swiss authorities must reassess the case in light of the ruling. It is now expected that the man will be allowed to return to Switzerland and have his residency rights restored.
Would you like a version of this article formatted for publication or social media?