ECtHR - Communicated Cases against Romania, Former Yugoslav Republic of Macedonia, Sweden and Azerbaijan

Friday, August 31, 2018

The European Court of Human Rights has recently communicated several asylum-related cases:

  • Rashad Mohammed and Salim ALISSA v. Romania (application no 48780/17): concerning a Syrian couple, recognised as refugees in Romania, who claim that their stay at the accommodation centre in Bucharest amounts to inhuman and degrading treatment, in violation of Article 3 ECHR. They also complain under Article 5 (1) ECHR, that the limited entry/exit hours from the centre, along with police entrance control, constitutes a deprivation of liberty.

  • MEMEDOV v. Former Yugoslav Republic of Macedonia (application no. 31016/17): concerning an applicant of Roma origin, currently seeking asylum in Germany, who complains of being subject to treatment that amounts to racial discrimination and torture (Articles 14 and 3 ECHR, respectively), during a police operation in a Romani neighbourhood in Skopje. The application also includes the question of whether the Macedonian authorities failed in their duty to carry out an effective investigation into the racist motives of the incident.

  • Mohammad Naeem DOST ALI v. Sweden (application no. 8158/18): regarding an Afghan national, who was denied a residence permit by the Migration Agency of Sweden and, on appeal, by the migration courts. As the applicant’s daughter lives in Sweden, he complains under Article 8 ECHR, that the Swedish Migration Agency’s decision, as upheld by the Swedish courts, violated his right to family life.

  • Taci SHENTURK v. Azerbaijan (application no. 41326/17): in respect of a Turkish national, who was working in Azerbaijan in private schools that were affiliated to the Gülen movement in Turkey. After Turkey cancelled his passport, Azerbaijan initiated procedures to arrest and deport him to Turkey. Despite the asylum application that was lodged on his behalf, while he remained in pre-removal detention, Azerbaijan forcibly returned him to Turkey. The applicant complains that his detention was unlawful (Article 5 ECHR), without any possibility for an effective remedy against it (Article 13 ECHR in conjunction with Article 5), while his deportation violated Article 3 ECHR, by exposing him to a real risk of ill-treatment. Lastly, he complains under Article 1, Protocol no. 7 ECHR, that his expulsion violated the procedural safeguards against expulsions of aliens.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.

Accommodation centre
Family unity (right to)
Inhuman or degrading treatment or punishment