EDAL case summaries
Country of Applicant: Iraq, Palestinian Territory, Somalia, Syria
Keywords: Detention, Material reception conditions, Procedural guarantees, Reception conditions, Return
Confinement of asylum applicants in an airport transit zone is contrary to Art. 5 § 1 (f) in the absence of any domestic legal basis for the applicants’ deprivation of liberty.
Confinement of asylum seekers left to their own devices in airport transit zones under the control of border authorities, without unimpeded access to shower or cooking facilities, outdoor exercise and medical or social assistance amount to degrading and inhuman conditions under Art. 3 ECHR if protracted for a long time.
Date: 21-11-2019
Country of Applicant: Russia
Keywords: Best interest of the child, Child Specific Considerations, Detention, Effective remedy (right to), Inhuman or degrading treatment or punishment, Material reception conditions, Vulnerable person
The Court ruled that the material conditions of detention exceeded Article 3 ECHR threshold and that the detention of children in such conditions, even for short periods, is also contrary to that Article. It also held that the complaint procedures that were indeed available to the applicants were ineffective, amounting to a violation of Article 13 ECHR.
Date: 17-10-2019
Country of Applicant: Afghanistan
Keywords: Detention, Inhuman or degrading treatment or punishment, Material reception conditions, Reception conditions, Torture, Unaccompanied minor, Vulnerable person
Conditions in police stations do not justify prolonged detention, while the child’s extreme vulnerability should prevail over irregular status with necessary measures adopted to protect them. Domestic authorities had not done all that could reasonably expected to fulfil their obligation in light of their vulnerability.
The authorities violated Article 5 by automatically applying the protective custody regime, without considering any alternatives to detention or the requirement under EU law to avoid the detention of children.
Date: 13-06-2019
Country of Applicant: Congo (DRC)
Keywords: Inhuman or degrading treatment or punishment, Material reception conditions, Refugee sur place, Vulnerable person
The Court examines the individuals’ circumstances and finds that the appointment with the French authorities to register and assess their asylum cases within a three-month period, coupled with the possibility for the applicants to stay in a foster home at night, access education, healthcare and meals provided by organisations during the day, cannot amount to treatment prohibited under the Convention.
Date: 24-08-2018
Country of Applicant: Afghanistan
Keywords: Detention, Effective remedy (right to), Inadmissible application, Inhuman or degrading treatment or punishment, Material reception conditions, Reception conditions, Refugee Status
The case examined the allegations of an Afghan national that his isolated living condition in the detention centre of Otopeni in Romania constituted inhumane treatment, in violation of article 3 of the Convention. He further alleged a violation of Article 5 para 4 with regards to his right to an effective remedy to challenge the effectiveness of his detention. In addition, he complained of an excessive time period in detention (more than a year).
Date: 10-05-2015
Country of Applicant: Afghanistan
Keywords: Best interest of the child, Child Specific Considerations, Dublin Transfer, Family unity (right to), Individual assessment, Inhuman or degrading treatment or punishment, Material reception conditions, Personal circumstances of applicant, Reception conditions, Responsibility for examining application, Return, Vulnerable person
This case examined the compatibility of the Dublin II Regulation with the European Convention on Human Rights regarding transfers to Italy under the Dublin II Regulation.
The Court found a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights if the Swiss authorities were to send an Afghan couple and their six children back to Italy under the Dublin Regulation without having first obtained individual guarantees from the Italian authorities that the applicants would be taken charge of in...
Date: 04-11-2014
Country of Applicant: Afghanistan
Keywords: Access to the labour market, Accommodation centre, Burden of proof, Country of origin information, Detention, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Material reception conditions, Real risk, Safe third country, Vulnerable person
This case examined the compatibility of the Dublin II Regulation with the European Convention on Human Rights regarding transfers to Greece under the Dublin II Regulation. The Court found that there was a violation of Article 3 ECHR by the Greece Government because of the applicant’s conditions of detention, violation of Article 3 ECHR by Greece concerning the applicant’s living conditions in Greece, violation of Article 13 taken in conjunction with Article 3 ECHR against Greece because of the deficiencies in the asylum procedure followed in the applicant’s case and the risk of his...
Date: 21-01-2011
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