The AIRE Centre, ICJ, ILGA-EUROPE and ECRE have submitted a third party intervention in case O.S. v. Switzerland (no. 43987/16).
This intervention addresses the following points:
i) enforced concealment of one’s same-sex sexual orientation constitutes persecution under refugee law and is incompatible with the Convention, in particular, Article 3
ii) the criminalisation of consensual same-sex sexual conduct gives rise to a real risk of Article 3 prohibited treatment, thus triggering non-refoulement obligations under the Convention
iii) the risk of persecution based on sexual orientation in Gambia.
Universal-SexualOrientationRefugee-Advocacy-LegalSubmissions-2017-ENG (full legal submission)