EDAL case summaries
Country of Applicant: Russia
Keywords: Benefit of doubt, Credibility assessment, Individual threat, Protection, Real risk, Torture
The applicant appealed against a deportation order on account of the high risk that he faced of being subject to treatment contrary to Article 3 ECHR in the case of return to Russia.
Date: 07-07-2016
Country of Applicant: Iran
Keywords: Assessment of facts and circumstances, Burden of proof, Country of origin information, Final decision, Individual assessment, Inhuman or degrading treatment or punishment, Membership of a particular social group, Non-refoulement, Persecution Grounds/Reasons, Personal circumstances of applicant, Political Opinion, Protection, Refugee Status, Refugee sur place, Religion, Return
An Article 3 compliant assessment requires a full and ex nunc evaluation of a claim. Where the State is made aware of facts that could expose an applicant to an individual risk of ill-treatment, regardless of whether the applicant chooses to rely on such facts, it is obliged to assess this risk ex proprio motu.
Date: 23-03-2016
Country of Applicant: Syria
Keywords: Armed conflict, Country of origin information, Detention, Effective access to procedures, Effective remedy (right to), Indiscriminate violence, Internal armed conflict, Protection, Real risk, Refugee Status, Serious harm, Well-founded fear
The applicants, a stateless Palestinian from Syria and two Syrian nationals, had been ordered to be expelled to Syria by the Russian authorities, and were detained in a detention centre in Russia pending this. The Court found that their expulsion to Syria would breach Articles 2 and 3, that Articles 5(4) and 5(1)(f) had been violated with regards to their detention, and that the restrictions on their contact with their representatives had breached Article 34.
Date: 15-10-2015
Country of Applicant: Somalia
Keywords: Actor of persecution or serious harm, Armed conflict, Country of origin information, Credibility assessment, Gender Based Persecution, Inhuman or degrading treatment or punishment, Non-state actors/agents of persecution, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Protection, Real risk, Vulnerable person
In this case, the European Court of Human Rights (ECtHR) revisited the conditions of Mogadishu, Somalia as it relates to an alleged violation of Article 3 of the European Convention of Human Rights (ECHR).
In the specific case, the ECtHR held that:
1) While the general conditions of Mogadisuh remain serious and fragile, objective reports support the finding that such conditions are not sufficient to find a violation of Article 3 of the ECHR; and
2) While the ECtHR acknowledged that the applicant in the present case faces a different threat as a woman and that several...
Date: 10-09-2015
Country of Applicant: Iran
Keywords: Detention, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Political Opinion, Protection, Real risk
The applicant, an Iranian national, had fled Iran in light of the risks he faced there as a political dissident, and had been detained in Greece with a view to being expelled to Iran. The Court held that the Greek authorities had violated Articles 3 concerning his conditions of detention, 3 and 13 combined because of the lack of an effective remedy to complain about these conditions, the failings of the asylum procedure and the risk of being sent back to Iran, and 5(4) with respect to the inefficient judicial review of the detention.
Date: 30-07-2015
Country of Applicant: Russia
Keywords: Country of origin, Final decision, Protection, Trafficking in human beings, Visa
Trafficking in human beings falls under the prohibition of Art. 4 of the Convention. Consequently, state parties have the positive obligation:
- to adopt an adequate and comprehensive legal framework to combat this criminal offence;
- to undertake protective measures whenever the authorities are aware or ought to have been aware of a serious risk of a person being subject to trafficking;
- and to appropriately investigate situations of potential trafficking.
Date: 10-10-2010
Country of Applicant: Kazakhstan
Keywords: Country of origin, Country of origin information, Effective remedy (right to), Final decision, Manifestly unfounded application, Nationality, Non-refoulement, Persecution (acts of), Persecution Grounds/Reasons, Political Opinion, Previous persecution, Protection, Refugee Status, Torture, Well-founded fear
A potential violation of Art. 3 of the Convention can be found when a person risks to be extradited to a country where practice of ill-treatment of detainees are reported by reliable sources, notwithstanding possible assurances by the involved public prosecutors of that country.
Given the irreversible and particular serious nature of the harm which might occur if risks relevant under art. 3 of the Convention materialise, an effective remedy to avoid such a harm within the meaning of art. 13 of the Convention requires both an independent and rigorous scrutiny of a claim...
Date: 18-05-2010
Country of Applicant: Eritrea
Keywords: Accelerated procedure, Assessment of facts and circumstances, Country of origin, Credibility assessment, Inhuman or degrading treatment or punishment, Persecution Grounds/Reasons, Protection, Real risk, Refugee Status, Safe country of origin, Well-founded fear
The European Court of Human Rights held that the expulsion of an Eritrean deserter to Eritrea would give rise to a violation of Article 3 of the Convention.
Date: 05-07-2005
Country of Applicant: Uzbekistan
Keywords: Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Political Opinion, Procedural guarantees, Protection, Real risk, Torture
The case involved two Uzbek nationals who were extradited to Uzbekistan by Turkey after Uzbekistan claimed they had committed terror-related crimes, while the applicants countered that they were political dissidents and would face ill-treatment and torture if returned. Despite the Court ordering interim measures to defer, Turkey extradited both and they were sentenced to terms of imprisonment. The Court found no violations of Art. 2, 3, or 6, but did find a violation of Art. 34 for Turkey’s non-compliance with the interim measures.
Date: 04-02-2005
Country of Applicant: Greece
Keywords: Actors of protection, Effective remedy (right to), Protection
The application concerned the violations of Articles 2, 3 and 13 of the Convention following police officers’ excess powers used against the applicant during his arrest. The Court held that to be a violation of Article 2.
Date: 20-12-2004
Pages
Languages
Filter by case summary type
- (-) Remove ECrtHR Case law filterECrtHR Case law
Filter by applicable legal provisions
Filter by keywords
- (-) Remove Protection filterProtection
- Real risk 7
- Inhuman or degrading treatment or punishment 6
- Effective remedy (right to) 5
- Refugee Status 5
- Country of origin information 4
- Credibility assessment 4
- Persecution Grounds/Reasons 4
- Political Opinion 4
- Torture 4
- Country of origin 3
- Final decision 3
- Personal circumstances of applicant 3
- Well-founded fear 3
- Armed conflict 2
- Assessment of facts and circumstances 2
- Detention 2
- Effective access to procedures 2
- Manifestly unfounded application 2
- Medical Reports/Medico-legal Reports 2
- Membership of a particular social group 2
- Non-refoulement 2
- Persecution (acts of) 2
- Procedural guarantees 2
- Accelerated procedure 1
- Actor of persecution or serious harm 1
- Actors of protection 1
- Benefit of doubt 1
- Burden of proof 1
- Gender Based Persecution 1
- Indiscriminate violence 1
- Individual assessment 1
- Individual threat 1
- Internal armed conflict 1
- Nationality 1
- Non-state actors/agents of persecution 1
- Previous persecution 1
- Refugee sur place 1
- Religion 1
- Return 1
- Safe country of origin 1
- Serious harm 1
- Trafficking in human beings 1
- Visa 1
- Vulnerable person 1
Filter by country of applicant
- Iran 2
- Russia 2
- Eritrea 1
- Greece 1
- Kazakhstan 1
- Somalia 1
- Sri Lanka 1
- Syria 1
- Uzbekistan 1
