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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 Decision: Cyprus
Country of Applicant: Georgia
Keywords: Delay, Detention, Effective access to procedures
Delays in the asylum procedure which cannot be imputed to the asylum seeker, and failure to consider less coercive alternatives when detention exceeds reasonable time limits, render detention unlawful.
Date: 24-01-2019
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 Decision: United Kingdom
Country of Applicant: Sri Lanka
Keywords: Detention
According to UK detention rules, a detainee must be examined by a doctor within 24 hours of being detained in order to ascertain if they are a potential victim of torture.
Date: 13-07-2018
Country of Decision: France
Country of Applicant: Afghanistan
Keywords: Detention, Dublin Transfer, Inhuman or degrading treatment or punishment
Following on from a Rule 39 measure from the European Court of Human Rights preventing the transfer of the applicant to Bulgaria under the Dublin Regulation, the Tribunal ordered the police prefect to register the applicant's claim for asylum in France.
Date: 06-07-2018
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
Country of Decision: France
Keywords: Delay, Detention, Effective access to procedures, Effective remedy (right to), Procedural guarantees
The Constitutional Council decides on the constitutionality of the deadline to appeal against a return order, as applicable to a third-country national being detained, under paragraph 4 of Article L. 512-1 of the Code of Entry and Stay of Foreigners and the Right to Asylum (CESEDA). The Council decides hereby that the deadline proves to be too short- consequently unconstitutional- to effectively exercise the right to remedy in the context of detention.
Date: 01-06-2018
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