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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: 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 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 Applicant: Sri Lanka
Keywords: Detention, Health (right to), Medical Reports/Medico-legal Reports, Real risk, Refugee Status, Return, Safe country of origin
The Belgian authorities carried out a reasonable assessment, balancing the risk to public safety with the applicant’s mental health, in deciding the applicant’s detention. The duration and medical care provided in detention were lawful and justified.
Date: 06-11-2018
Country of Applicant: Tajikistan, Uzbekistan
Keywords: Country of origin, Detention, Inhuman or degrading treatment or punishment, Real risk, Return, Torture
Russia had failed to substantially and effectively examine the repeated claims of the applicants that their extradition would constitute a violation of Article 3 ECHR. Given the current situation in Uzbekistan and Tajikistan and the individual circumstances of the applicants, a number of violations were found.
Date: 23-10-2018
Country of Applicant: France, Morocco
Keywords: Assessment of facts and circumstances, Country of origin information, Detention, Effective access to procedures, Real risk, Relevant Documentation, Relevant Facts, Return, Right to remain pending a decision (Suspensive effect), Safe country of origin, Terrorism
After being notified of his return decision, set to take place on the same day, the applicant requested an interim measure on Article 3 ECHR grounds in the morning but was nonetheless expelled to Morocco in the afternoon. The Court found no violation of Article 3, regarding the applicant’s expulsion to Morocco, by taking into account subsequent information. It found a violation of Article 34 of the Convention, owing to the fact that the applicant had no sufficient time to file a request to the Court, hence running the risk back then of being potentially subjected to treatment prohibited...
Date: 19-07-2018
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