B AND C v. SWITZERLAND - 889/19 (Judgment : Struck out of the list : Third Section)

Art 3 • Expulsion • Insufficient assessment of risk of and availability of State protection against ill-treatment on grounds of sexual orientation by non-State actors in Gambia • Applicant�s homosexuality might be discovered by Gambian authorities or population if removed there • Risk of persecution in the form of individual acts by �rogue� officers and of ill-treatment from non-State actors • Gambian authorities� general unwillingness to provide protection to LGBTI persons • Deportation without a fresh assessment of these aspects would constitute a violation

This judgment will become final in the circumstances set out in Article 44 � 2 of the Convention. It may be subject to editorial revision.

The European Court of Human Rights (Third Section), sitting as a Chamber composed of:

��������� Paul Lemmens, President, ��������� Helen Keller, ��������� Dmitry Dedov, ��������� Georges Ravarani, ��������� Darian Pavli, ��������� Anja Seibert-Fohr, ��������� Peeter Roosma, judges, and Milan Bla�ko, Section Registrar,

the applications (nos. 889/19 and 43987/16) against the Swiss Confederation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (�the Convention�) by a Gambian national, Mr B (�the first applicant�), and a Swiss national, Mr C (�the second applicant�), on 22 July 2016 and 31 December 2018, respectively;