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When State Parties do not examine an application for international protection in its mertis based on a safe third country clause, Article 3 still requires that they apply a thorough and comprehensive legal procedure to assess the existence of such risk by looking into updated sources regarding the situation in the receiving third country. Hungary violated Article 3 by failing to conduct an efficient and adequate assessment when applying the safe third country clause for Serbia.
Article 5 cannot be considered as ratione materiae...
Detention within the context of immigration must be lawful, not arbitrary and carried out in good faith. In this sense, the depriavation of liberty without a realistic prospect of removal is against the prevision of Article 5 § 1 of the Convention.
Detention conditions in Greek police stations and living conditions in Idomeni Camp in northern Greece for five unaccompanied children were in breach of Article 3 of the Convention. A further violation was found in respect of Article 5 § 1 regarding the “protective custody” of unaccompanied children in police stations.
Extradition to Iran to face criminal charges would risk a violation of Article 3 due to possible exposure to flogging under Iranian penal law.
The precarious living conditions in Calais and the failure of the French authorities to comply with judicial orders to protect the applicant, in view of his personal circumstances and young age, reach the threshold for a breach of Article 3.
The ECtHR ruled that failure to allow a Russian family with five children to submit asylum applications on the Lithuanian border and their removal to Belarus amounted to a violation of Article 3 ECHR.
The ECtHR ruled the conditions of the applicant’s detention, prior to her being deported from Cyprus, subjected her to hardship going beyond the unavoidable level of suffering inherent in detention and thus amounted to degrading treatment prohibited by Article 3 of the Convention.
Article 3 has not been violated in a case concerning the deportation of an individual who had been convicted of a terrorism-related charge to Morocco. However the ECtHR acknowledges that ill-treatment and torture by the police and the security forces still occur, particularly in the case of persons suspected of terrorism or of endangering State security.
The ECtHR ruled that the detention of a Syrian national was unlawful as his return to Syria was impracticable, which the authorities should have known at that time. It was incumbent on the domestic authorities to consider alternative measures in respect of the applicant. The applicant did not have the benefit of an examination of the lawfulness of his detention to a sufficient degree. Therefore, there was a violation of Articles 5(1) and (4) ECHR.
The ECtHR also ruled that his detention at the Zografou police station led to a violation of his...
The detention of three Sri Lankan nationals on grounds of public order before their removal from Cyprus was found to be lawful by the Court. However, the Court found that the applicants did not have at their disposal an effective remedy by which they could challenge the lawfulness of their detention, in violation of Article 5(4) ECHR.
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