ECtHR - Communicated cases Razigdad v. Russia and S.D. and Others v. Bulgaria

Date: 
Tuesday, September 20, 2016

Razigdad v. Russia (no. 30764/13), communicated on 19 September 2016

On 19 September 2016, the European Court of Human Rights communicated the case Razigdad v. Russia (no. 30764/13), which relates to the deportation of an Afghan national from Russia to Afghanistan. The Russian authorities have rejected his application for temporary asylum. The applicant is married and has two children, all of whom are Russian citizens.   
 
The applicant submitted an application to the ECtHR complaining that his deportation to Afghanistan would subject him to a risk of ill-treatment and would adversely affect his right to respect for his personal and family life. In addition, the applicant complained of the lack of effective remedies against those violations.
 
The Court’s questions to the parties raise issues relating to the applicant’s right to respect for his personal and family life and his right to an effective remedy.

S.D. and Others v. Bulgaria (no. 8138/16), communicated on 20 September 2016

On 20 September 2016, the European Court of Human Rights communicated the case S.D. and Others v. Bulgaria (no. 8138/16), which relates to the detention of accompanied asylum seeking children from Iraq in Bulgaria. Trying to cross the Bulgarian-Serbian border, the accompanied children were detained by the Bulgarian Border Police. The applicants submitted an application to the ECtHR complaining that the detention of the accompanied children constituted inhuman and degrading treatment in breach of Article 3 ECHR.
 
Referring to Popov v. France and A.M. and Others v. France, the Court asked the parties whether the conditions of the children’s detention amounted to inhuman and degrading treatment. In addition, the Court asked whether the applicants had exhausted domestic remedies.

 


This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. 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, the IRC or its partners.

                                                     

 

Keywords: 
Best interest of the child
Child Specific Considerations
Detention
Effective access to procedures
Effective remedy (right to)
Family unity (right to)
Inhuman or degrading treatment or punishment