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Country of Applicant: Afghanistan, Iran
Keywords: Accommodation centre, Detention, Inadmissible application, Material reception conditions, Reception conditions, Return, Safe third country, Subsequent application
1. A change of the destination country in a return decision by an administrative authority should be regarded as a new return decision requiring an effective remedy in compliance with Article 47 CFREU.
2. The national legislation providing for a safe transit country ground applicable in the present case is contrary to EU law.
3. The obligation imposed on a third-country national to remain permanently in a closed and limited transit zone, within which their movement is limited and monitored, and which the latter cannot...
Date: 14-05-2020
Country of Applicant: Russia (Chechnya)
Keywords: Best interest of the child, Child Specific Considerations, Detention, Inhuman or degrading treatment or punishment, Vulnerable person
The detention of children is, in principle, permitted under Article 5 ECHR for the shortest amount of time, in appropriate conditions and facilities, and only after the Government has correctly concluded that less coercive measures are unavailable.
The complaint of the applicants under Article 3 are manifestly unfounded.
Date: 26-03-2020
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: 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: 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: Italy
Country of Applicant: Ghana, Sudan
Keywords: Detention, Inhuman or degrading treatment or punishment, Non-refoulement, Real risk, Safe third country, Torture
The Court recognised self-defence in a case where migrants were charged with assault against a police officer following their rescue at sea and their impending return to Libya. Their well-founded fear of return to Libya provided the basis for their defence of duress.
Date: 23-05-2019
Country of Applicant: Iran
Keywords: Detention, Return, Right to remain pending a decision (Suspensive effect)
Detention in police stations, places that by their very nature are designed to accommodate people for very short durations, may amount to degrading and inhuman conditions under Art. 3 ECHR if protracted for a long time.
Detention of a person with a view to deportation is contrary to Art. 5 § 1 (f) if unlawful under the Convention or domestic law.
Date: 26-03-2019
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 Decision: Greece
Country of Applicant: Pakistan
Keywords: Detention, Duty of applicant, Obligation/Duty to cooperate, Refugee Status
The continuation of detention beyond the period of 90 days, while the appeal against the decision rejecting the asylum application was still pending, is a disproportionate measure of deprivation of liberty for the applicant. Alternative measures must be considered.
Date: 17-12-2018
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