Case summaries

Extradition to Iran to face criminal charges would risk a violation of Article 3 due to possible exposure to flogging under Iranian penal law. 

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. 

The CJEU clarified that the Schengen Border Code must be interpreted as not allowing Member States to equate an external border with an internal border at which controls have been reintroduced. So, the Return Directive’s exceptions for third-country national who crossed external borders do not apply to someone in the applicant’s position.

A medical examination to assess vulnerability was requested by an applicant in administrative detention. This demand was not examined by the doctor in charge in the detention facility. Therefore, the court of appeal refused an extension of the applicant’s administration detention and ordered their release. 

The Judge of the liberty and detention of the Lyon Court of Appeal released the applicant based on the unavailability of the necessary medical care needed in his country of return.

The Spanish authorities failed to properly consider all the relevant criteria, before initiating proceedings to expel two Moroccan nationals, who were awaiting their long-term residence permits, due to their criminal convictions. The proportionality of the measure was not adequately assessed and the applicants’ social and cultural ties with both Spain and Morocco were not taken into account.

The ECtHR ruled that failure to allow a Russian family with five children to submit asylum applications on the Lithuanian border and their removal to Belarus amounted to a violation of Article 3 ECHR. 

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.

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.

The Constitutional Council decides on the constitutionality of the 48H limit under national law for a third-country national to appeal against an order to be escorted to the border. The Council found that the deadline is in line with the French Constitution, as it guarantees the right to an effective remedy.