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ECtHR - A.R.E. v. Greece, Application No. 15783/21, 07/01/2025
Country of applicant: Turkey

Regarding the return of a Turkish applicant from Greece to Türkiye, her account constituted a prima facie case of refoulement, shifting the burden of proof to the Greek Government after evidentiary standards from secret detention cases were applied. The return of the applicant without any individual assessment or access to remedies, despite her asylum request and risk of ill-treatment due to alleged links to opposition movements in Türkiye, amounts to a violation of Articles 3 and 13 ECHR.

The applicant’s unregistered detention at a border guard station, without legal basis, information on the reasons for her arrest, or access to judicial review, as part of a broader Greek pattern of unlawful returns, amounts to a violation of Article 5(1), (2) and (4) ECHR. Although the applicant failed to prove a real risk to life or inhuman or degrading treatment during her removal process – where she travelled by an inflatable boat with other migrants –, the absence of an effective remedy to challenge such risks amounts to a violation of Article 13 ECHR.

Date of decision: 07-01-2025
Relevant International and European Legislation: Article 4,Article 18,Art 19.1,Art 19.2,Article 47,Article 6,Article 8,Article 9,Article 46,Article 5,Article 6,Article 13,Article 2,Article 3,Article 13,Article 19,Article 34,Article 35,Article 41,Article 44,Article 45,Art 5.1 (a),Art 5.1 (b),Art 5.1 (c),Art 5.1 (d),Art 5.1 (e),Art 5.1 (f),Art 5.2,Art 5.3,Art 5.4,Art 5.5,Article 4,Article 9,Article 13,Article 8,Article 9
ECtHR - A.M.A. v. the Netherlands, Application No. 23048/19, 24/10/2023
Country of applicant: Bahrain

States have a rigorous procedural obligation under Article 3 ECHR when assessing the risk of ill-treatment in a last minute asylum application submitted shortly before removal. Even where a subsequent application is made at a very late stage, domestic authorities cannot dismiss newly submitted documents as irrelevant due to lack of authenticity or translation without conducting any substantive assessment of their potential relevance in light of the applicant's individual circumstances and the general situation in the country of origin.

Date of decision: 24-10-2023
Relevant International and European Legislation: Article 33,Article 40,Article 41,Article 46,Article 3,Article 13,Article 34,Article 35,Article 41,Article 44,Article 46,Article 4
ECtHR - S.E. v. Serbia, Application No. 61365/16, 11/07/2023
Country of applicant: Syria

Serbia, by refusing to issue the refugee applicant a travel document due to the absence of appropriate regulations, breached Article 2 § 2 of Protocol No. 4 of the ECHR

Date of decision: 11-07-2023
Relevant International and European Legislation: Art 28,Article 35,Article 41,Article 44,Article 46,Article 25
ECtHR - B.Ü. v. the Czech Republic, Application No. 9264/15, 06/10/2022
Country of applicant: Turkey

Complaint under Article 3 ECHR concerning the conditions of detention of a Turkish national in the Czech Bělá-Jezová detention centre declared inadmissible for non-exhaustion of domestic remedies. Failure to conduct an independent, thorough and victim-accessible investigation into allegations of police ill-treatment at Prague Airport amounts to a violation of the procedural aspect of Article 3 ECHR. Alleged ill-treatment by police officers does not amount to a violation of the substantive aspect of Article 3 ECHR, as the ECtHR cannot establish beyond reasonable doubt that the force used, including pepper spray, was excessive.

Date of decision: 06-10-2022
Relevant International and European Legislation: Article 1,Article 4,Article 18,Art 19.2,Article 35,Article 47,Article 6,Article 8,Article 12,Article 13,Article 14,Article 24,Article 26,Article 46,Article 5,Article 6,Article 8,Article 9,1.,1. (a),1. (b),2.,2. (a),2. (b),3.,4.,5.,6.,6. (a),6. (b),1.,2.,3.,4.,5.,Article 3,Article 13,Article 14,Article 34,Article 35,Article 41,Article 44,Art 5.1 (a),Art 5.1 (b),Art 5.1 (c),Art 5.1 (d),Art 5.1 (e),Art 5.1 (f),Art 5.2,Art 5.3,Art 5.4,Art 5.5,Art 8.1,Art 8.2,Article 3,Article 18,Article 28,Article 8,Article 9,Article 10,Article 11,Article 19,Article 21,Article 22
European Court of Human Rights, A.A. v. Switzerland, 5 November 2019, n°32218/17
Country of applicant: Afghanistan

When a national authority assesses the likely persecution of an applicant for religious purposes in case of return to his/her country of origin, the national authority must evaluate, inter allia, the way the applicant will live his/her faith in his/her country of origin. The Court found that because the applicant is of Hazara ethnic origin and he converted to Christianism in Switzerland, he might face persecution in violation of art. 3 ECHR in case of return to Afghanistan. The TAF did not assess with enough seriousness the consequences of the applicant conversion ex nunc.

Date of decision: 05-11-2019
Relevant International and European Legislation: Article 3,1.,1. (a),1. (b),2.,2. (a),2. (b),3.,4.,5.,6.,6. (a),6. (b),1.,2.,3.,4.,5.,Article 3,Article 35,Article 41,Article 43,Article 44,Article 4,Article 5,Article 9,Article 10
ECtHR - Abdullahi Elmi and Aweys Abubakar v. Malta, Application No. 25794/13 and 28151/13, 22 February 2017
Country of applicant: Somalia

The applicants although minors were detained in a detention facility where they were mixed with adults. The detention lasted until the Maltese government determined (in a process that took 8 months) that they were minors.

Moreover, the harsh conditions in the detention facilities amounted to inhuman or degrading treatment.

Date of decision: 09-01-2018
Relevant International and European Legislation: European Union Law,International Law,Council of Europe Instruments,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 5,Article 8,Article 34,Article 37,Article 44,Article 45,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 11,Article 24,UN Convention on the Rights of the Child
ECtHR - S.F. and Others v. Bulgaria, Application No. 8138/16, 7 December 2017
Country of applicant: Iraq

The ECtHR reviewed if the detention of a family with three children in a border police’s detention facility would be considered as a breach of Article 3 ECHR.

Date of decision: 07-12-2017
Relevant International and European Legislation: Article 3,Article 8,Article 34,Article 35,Article 44,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),UN Convention on the Rights of the Child
ECtHR – Alimov v. Turkey, Application No. 14334/13, 06 December 2016
Country of applicant: Uzbekistan

The applicant was detained in the airport of Turkey when entering the country due to the fact he previously stayed in the country with an irregular immigration status.

During his detention he was subjected to overcrowding, unhygienic conditions and lack of proper food and medical attention, a situation could amount to inhuman or degrading treatment.

Date of decision: 06-12-2016
Relevant International and European Legislation: Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 5,Article 13,Article 35,Article 44
ECtHR – U.N v. Russia, Application No. 14348/15, 28 November 2016
Country of applicant: Kyrgyzstan

The applicant, who committed crimes while being in Kyrgyzstan, is imprisoned in Russia and is at risk of being returned to his home country in spite of the fact that he could be subjected to torture or inhuman and degrading treatment.

Date of decision: 28-11-2016
Relevant International and European Legislation: Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,Article 34,Article 35,Article 41,Article 44
ECtHR – J.N. v. United Kingdom, Application No. 37289/12, 19 May 2016
Country of applicant: Iran
Keywords: Detention, Return

Any deprivation of liberty must fall within the exceptions set out in Art. 5 of the Convention, and must be lawful, namely in compliance with domestic law, and free from arbitrariness. For this latter purpose, domestic law must be sufficiently accessible, precise and foreseeable in its application.

After a certain time of mere waiting for the detainee’s cooperation, detention ceases to be genuinely imposed for the purpose of detention, in accordance with art. 5.1(f) of the Convention. 

Date of decision: 19-05-2016
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 15,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,Article 34,Article 35,Article 41,Article 44