CAT/C/63/D/704/2015 Version provisoire non-éditée Chuas v. Spain, the ECtHR considered that the legal remedy available to the applicant to obtain a stay of the deportation order was ineffective because it did not have suspensive effect. Thus, it dismissed the argument of the Spanish government that the case was inadmissible for the applicant’s failure to exhaust domestic remedy. 8 Moreover, in de Souza Ribeiro v. France, the ECtHR rejected the government’s objection of non-exhaustion of domestic remedies, stating that the legal remedies were ineffective as they had no suspensive effect to halt the removal of the applicant.9 4. I must also note that the Court of Justice of the European Union (CJEU) adopted the approach of the ECtHR in the Abdida ruling when it stated that domestic legal remedies must have “suspensive effect in respect of a return decision whose enforcement may expose the third country national concerned to a serious risk of grave and irreversible deterioration in his state of health,”10 which would amount to inhuman or degrading treatment. The CJEU referred to the ECtHR cases of Gebremedhin [Gaberamadhien] v. France and Hirsi Jamaa and Others v. Italy.11 5. Overall, the suspensive effect in domestic proceedings seeking to remove, expel or deport a person to another country where she risks torture or cruel, inhuman or degrading treatment is a crucial safeguard underlying Article 3 of the Convention. It is very important for the Committee to uphold such central guarantee and preserve the international standards recognized by the Committee and other international human rights bodies. 8 9 10 11 8 See European Court of Human Rights, Olaechea Chuas v. Spain, (application No. 24668/03), judgment of 10 August 2006, para. 32-36. See European Court of Human Rights, de Souza Ribeiro v. France, (application no. 22689/07), judgment of 13 December 2012, para. 100. Court of Justice of the European Union, Centre public d’action sociale d’Ottignies-Louvain-la-Neuve v. Moussa Abdida, (case C-562/13), judgment of 14 December 2014, para. 53. Id. at para. 52.