Facts
The complainant, a Turkish citizen, was admitted to Switzerland in 1989 and granted asylum in 1991. In 2000, a dispute with his family led to him firing several shots at his family members and injuring them. The complainant was sentenced to 5 ½ years in prison for multiple attempted intentional homicide and other offenses. The Justice, Police and Military Directorate of the Canton of Basel-Landschaft expelled the complainant from Switzerland in 2003, which was confirmed by the Government Council of the Canton of Basel-Landschaft in 2004. The Cantonal Court of Basel-Landschaft dismissed the complainant's appeal against the expulsion.
The complainant appealed to the Federal Court and requested that the judgment of the Cantonal Court be overturned and that the expulsion be waived. He argued that the expulsion violated the non-refoulement principle, Art. 3 ECHR and the prohibition of torture.
Considerations
The Federal Court examined whether the expulsion of the complainant was permissible because he had endangered the internal and external security of Switzerland or had seriously disregarded public order. It concluded that the complainant had seriously violated public order by attempting to kill his wife and son.
The Federal Court considered the complainant's guilt to be severe and saw a significant public interest in keeping him away from Switzerland. It found that the complainant's private interests did not outweigh the public interests in expulsion,…