Recently communicated cases against Russia and Switzerland

Date: 
Friday, May 24, 2019

The ECtHR has recently communicated two cases regarding returns from Russia and one case against Switzerland on family reunification:  

M.D. and Others v. Russia (App. no. 71321/17): The applicants, six Syrian nationals, arrived in Russia between 2011 and 2016 on various visas and did not leave the country upon expiry of their permissions to stay. They were detained by the immigration authorities and domestic courts ordered their expulsion to Syria. All six applicants complain under Articles 2 and 3 of the Convention that they would face a real risk of being subjected to death and/or ill-treatment in the event of their removal to Syria. Three applicants complain that their detention has been in breach of Article 5 § 1 (f) and that they do not have access to judicial review of their detention, in breach of Article 5 § 4 of the Convention. The other three applicants complain under Article 13 regarding effective domestic remedy for their complaints under Articles 2 and 3.

A.K. and S.P. v. Russia (App. nos. 38042/18 and 44546/18): The applicants are Uzbek nationals in Russia who face criminal charges in Uzbekistan. The pre-trial detention of the applicants was ordered in absentia, and international search warrants were issued by the national authorities of Uzbekistan. The applicants were detained in Russia pending their extradition. The applicants complain that they would face a real risk of being subjected to treatment in breach of Article 3 of the Convention in the event of their removal to Uzbekistan. The applicant A.K. complains that the conditions of detention have been inhuman and degrading, in breach of Article 3. He further complains that he did not have access to an effective domestic remedy, in breach of Article 13. Under Article 5 §§ 1 (f) and 4, A.K. contests the the lack of grounds for his detention and the lack of access to effective remedy in detention.

Zeqiri v. Switzerland (App No. 20596/18): The applicant, a child from Kosovo, resides with her paternal grandparents in Kosovo. The applicant applied for an entry permit and a residence permit for Switzerland for family reunification with her father, step-mother and two stepsisters, all of whom are holders of residence permits. The applicant submits that her grandparents are sick and elderly and no longer able to care for her, and that it is in her best interests to reside with her nuclear family in Switzerland. Under Article 8, the applicant submits that the refusal to grant family reunification amounts to a disproportionate interference with her right to respect for her private and family life.

 

This item was reproduced with the permission of ECRE from the ELENA Weekly 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.