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EDAL case summaries

ECtHR – Mohamad v. Greece, Application no. 70586/11

Country of Applicant: Iraq
Keywords: Best interest of the child, Child Specific Considerations, Detention, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Legal assistance / Legal representation / Legal aid, Personal circumstances of applicant, Procedural guarantees, Reception conditions, Relevant Facts, Unaccompanied minor

The European Court of Human Rights (ECtHR) has held that the detention of an unaccompanied minor at Soufli border posts for over 5 months constituted a breach of Article 3 of the ECHR as well as a violation of the right to an effective remedy and the right to liberty and security.
Date: 11-12-2014

ECtHR - I.M. v France, Application No. 9152/09

Country of Applicant: Sudan
Keywords: Accelerated procedure, Credibility assessment, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Legal assistance / Legal representation / Legal aid, Non-refoulement, Personal interview, Procedural guarantees, Refugee Status, Relevant Facts, Right to remain pending a decision (Suspensive effect), Torture

The detention of asylum applicants may undermine their ability to claim asylum and that an ‘effective remedy’ requires an appeal with suspensive effect against refoulement in order to prevent irreparable harm, sufficient time to prepare the appeal and effective legal assistance and interpretation.
Date: 02-05-2012

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