ECtHR Communicated cases against Armenia, Belgium and the UK

Date: 
Tuesday, June 19, 2018

The European Court of Human Rights has recently communicated several asylum-related cases:

  1. A.N. v. the United Kingdom (application no. 74603/12): concerning a Vietnamese applicant who complains under Article 4 ECHR that, inter alia, the UK authorities failed to uphold their duty to identify him as a victim of tracking, to investigate his traffickers and to apply the appropriate test to identify a child victim of trafficking. He also complains under Article 6 ECHR that the decision of the Court of Appeal did not respect the competent authority’s finding that the applicant had been trafficked when it evaluated the lawfulness of his conviction.
  2. Aarrass v. Belgium (application no. 16371/18): regarding a Belgian-Moroccan national who was arrested in Spain and extradited to Moroccan on terrorist-related offences. Following a decision of the Court of Cassation in Belgium, he requested consular protection before the Belgian consulate in Morocco, without success. The applicant claims that Articles 1 and 3 ECHR entails a positive obligation on Contracting States to take measures to attempt to put an end to the serious harm he would be subjected to in detention, in accordance with the Vienna Convention.
  3. Alizada v. Armenia (application no. 2439/18): concerning an Afghan asylum applicant who was convicted under the Armenian Criminal Code for illegal border crossing, despite an exception contained in the legislation according to which it should not apply in the case of asylum applicants. He complains under Article 7 ECHR regarding a lack of foreseeability of his conviction and Article 6(1) ECHR regarding his lack of access to a court as his appeal on points of law was declared inadmissible by the Court of Cassation for formal grounds.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by theFundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.

                                                     

 

Keywords: 
Detention
Effective access to procedures
Inhuman or degrading treatment or punishment
Trafficking in human beings