In a recent ruling, the European Court of Human Rights determined that Switzerland’s expulsion of a Bosnian national violated Article 8 of the European Convention on Human Rights, which protects the right to private and family life.

The case involved P.J., a Bosnian national expelled after being convicted of drug trafficking. The court ruled by 5 votes to 2 that the Swiss national courts had failed to adequately balance the individual’s interests against public safety concerns.

The court highlighted that while P.J. had been convicted for transporting cocaine, he had no prior criminal record, had received a suspended sentence, and demonstrated good behavior and stable employment following his conviction. The Swiss courts had largely based their decision on the nature of the offense, disregarding P.J.’s rehabilitation efforts and the potential harm to his family life, as his wife and children remained in Switzerland.

The European Court of Human Rights ordered Switzerland to pay €10,000 in non-pecuniary damages and €15,000 in legal costs.