You are here
Home › ECrtHR Case law ›EDAL case summaries
Country of Applicant: Bangladesh
Keywords: Accelerated procedure, Detention, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Procedural guarantees, Safe third country
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...
Date: 21-11-2019
Country of Applicant: Syria
Keywords: Delay, Detention, Return, Safe third country
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.
Date: 25-06-2019
Country of Applicant: Afghanistan
Keywords: Accommodation centre, Best interest of the child, Child Specific Considerations, Detention, Family reunification, Health (right to), Material reception conditions, Reception conditions, Unaccompanied minor, Vulnerable person
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.
Date: 13-06-2019
Country of Applicant: Iran
Keywords: Country of origin information, Inhuman or degrading treatment or punishment, Return, Serious harm, Well-founded fear
Extradition to Iran to face criminal charges would risk a violation of Article 3 due to possible exposure to flogging under Iranian penal law.
Date: 04-04-2019
Country of Applicant: Afghanistan
Keywords: Best interest of the child, Child Specific Considerations, Material reception conditions, Reception conditions, Unaccompanied minor, Vulnerable person
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.
Date: 28-02-2019
Country of Applicant: Russia
Keywords: Effective access to procedures, Indirect refoulement, Non-refoulement, Return
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.
Date: 11-12-2018
Country of Applicant: Vietnam
Keywords: Detention
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.
Date: 04-12-2018
Country of Applicant: Morocco
Keywords: Country of origin, Non-refoulement, Return, Terrorism
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.
Date: 10-07-2018
Country of Applicant: Syria
Keywords: Detention, Nationality, Refugee Status
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...
Date: 21-06-2018
Country of Applicant: Sri Lanka
Keywords: Detention, Return
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.
Date: 19-06-2018
Pages
Languages
Filter by case summary type
- (-) Remove ECrtHR Case law filterECrtHR Case law
Filter by applicable legal provisions
Filter by keywords
- Inhuman or degrading treatment or punishment 113
- Effective remedy (right to) 112
- Detention 110
- Refugee Status 55
- Return 53
- Effective access to procedures 50
- Real risk 33
- Procedural guarantees 29
- Credibility assessment 27
- Well-founded fear 25
- Country of origin information 23
- Family unity (right to) 22
- Non-refoulement 22
- Reception conditions 22
- Material reception conditions 20
- Political Opinion 20
- Torture 20
- Country of origin 17
- Persecution (acts of) 17
- Personal circumstances of applicant 16
- Right to remain pending a decision (Suspensive effect) 16
- Individual threat 15
- Medical Reports/Medico-legal Reports 15
- Burden of proof 14
- Dublin Transfer 13
- Legal assistance / Legal representation / Legal aid 13
- Persecution Grounds/Reasons 13
- Best interest of the child 12
- Delay 12
- Individual assessment 12
- Religion 12
- Assessment of facts and circumstances 11
- Family reunification 11
- Protection 11
- Race 11
- Vulnerable person 11
- Access to the labour market 10
- Health (right to) 10
- Previous persecution 10
- Relevant Documentation 10
- Discrimination 9
- Internal protection 9
- Membership of a particular social group 9
- Accelerated procedure 8
- Final decision 8
- Nationality 8
- Armed conflict 7
- Child Specific Considerations 7
- Family member 7
- Terrorism 7
- Indirect refoulement 6
- Indiscriminate violence 6
- Non-state actors/agents of persecution 6
- Responsibility for examining application 6
- Safe country of origin 6
- Subsidiary Protection 6
- Unaccompanied minor 6
- Accommodation centre 5
- Actor of persecution or serious harm 5
- Safe third country 5
- Serious harm 5
- Actors of protection 4
- Benefit of doubt 4
- Internal armed conflict 4
- Manifestly unfounded application 4
- Obligation to give reasons 4
- Personal interview 4
- Refugee sur place 4
- Relevant Facts 4
- Request to take back 4
- Standard of proof 4
- Trafficking in human beings 4
- Death penalty / Execution 3
- Gender Based Persecution 3
- Residence document 3
- Sexual orientation 3
- Subsequent application 3
- War crimes 3
- Acts contrary to the purposes and principles of the UN 2
- Dependant (Dependent person) 2
- Female genital mutilation 2
- Freedom of movement (right to) 2
- Humanitarian considerations 2
- Inadmissible application 2
- International armed conflict 2
- Request that charge be taken 2
- Revocation of protection status 2
- Visa 2
- Cessation of protection 1
- Crime against humanity 1
- Duty of applicant 1
- Education (right to) 1
- Exclusion from protection 1
- First country of asylum 1
- Obligation/Duty to cooperate 1
- Serious non-political crime 1
- Stateless person 1
- Withdrawal of protection application 1
Filter by date
Filter by country of applicant
- Afghanistan 24
- Iran 22
- Iraq 19
- Somalia 18
- Turkey 12
- Syria 11
- Russia 10
- Sudan 10
- Algeria 6
- Eritrea 6
- Tunisia 6
- Uzbekistan 6
- Georgia 5
- Kyrgyzstan 5
- Russia (Chechnya) 5
- Sri Lanka 5
- Egypt 4
- Lebanon 4
- Nigeria 4
- Palestinian Territory 4
- Bangladesh 3
- Bulgaria 3
- Ethiopia 3
- Ivory Coast 3
- Morocco 3
- United Kingdom 3
- Armenia 2
- Belarus 2
- Bosnia and Herzegovina 2
- Cyprus 2
- Guinea 2
- Jordan 2
- Kazakhstan 2
- Kosovo 2
- Libya 2
- Pakistan 2
- Rwanda 2
- Serbia 2
- United States 2
- Albania 1
- Bhutan 1
- Brazil 1
- Cameroon 1
- Chad 1
- China 1
- Croatia 1
- Djibouti 1
- Dominican Republic 1
- France 1
- Gambia 1
- Germany 1
- Ghana 1
- Greece 1
- Guinea-Bissau 1
- India 1
- Indonesia 1
- Kenya 1
- Malawi 1
- Mali 1
- Philippines 1
- Senegal 1
- Sierra Leone 1
- Slovakia 1
- Tajikistan 1
- Tanzania 1
- Vietnam 1
- Western Sahara 1
- Zimbabwe 1
