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ECtHR- R.C. v. Sweden, Application no. 41827/07, 9 June 2010
Country of applicant: Iran

The European Court of Human Rights held that the deportation of an Iranian national to Iran would give rise to a violation of Article 3 of the Convention.

Date of decision: 09-06-2010
Relevant International and European Legislation: Article 3,Article 34,Article 41,Article 44,Article 45
ECtHR- S.D. v. Greece, Application no. 53541/07, 11 September 2009
Country of applicant: Turkey

The European Court of Human Rights held that there had been a violation of Article 3 with regards to the applicant’s detention conditions in Soufli and Attiki (Petrou Rali). It further found a violation of Article 5 §§ 1 and 4 due to the unlawful detention of the applicant and the lack of remedies to challenge it.

Date of decision: 11-09-2009
Relevant International and European Legislation: Article 3,Article 5,Article 13,Article 34,Article 35,Article 41,Article 44
ECtHR-C.G. and others v. Bulgaria, Application no. 1365/07, 24 July 2008
Country of applicant: Turkey

The European Court of Human Rights found that the expulsion of a Turkish national from Bulgaria violated his right to respect for private and family life (Article 8) and his right to an effective remedy (Article 13). What is more, it held that the Bulgarian authorities did not abide with the procedural safeguards relating to the expulsion of nationals. 

Date of decision: 24-07-2008
Relevant International and European Legislation: Article 3,Article 8,Article 13,Article 29,Article 34,Article 35,Article 36,Article 41,Article 44
ECtHR - Shamsa v Poland, Application Nos 45355/99 and 45357/99, 27 November 2003
Country of applicant: Libya
Keywords: Detention

The European Court of Human Rights found that there had been a violation of Article 5(1) ECHR through the unlawful detention of two Libyan nationals by the Polish authorities after the expiration of an expulsion order due to be executed within 90 days.  

Date of decision: 27-11-2003
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,Article 25,Article 26,Article 27,Article 34,Article 41,Article 43,Article 44,Article 52,Article 59,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
ECtHR - Hilal v. the United Kingdom, Application no. 45276/99, 6 June 2001
Country of applicant: Tanzania

The European Court of Human Rights ruled that the proposed expulsion of a Tanzanian national from the United Kingdom to Tanzania will expose him to inhuman and degrading treatment, in violation of Article 3 of the Convention.

Date of decision: 06-06-2001
Relevant International and European Legislation: Article 3,Article 6,Article 8,Article 13,Article 27,Article 31,Article 41,Article 44
ECtHR - Abdulaziz, Cabales and Balkandali v The United Kingdom, Application nos. 9214/80; 9473/81 and 9474/81, 28 May 1985
Country of applicant: Malawi, Philippines, United Kingdom

The ECtHR held that the 1980 UK Immigration Rules breached ECHR Article 14 taken together with Article 8 as they discriminated on the ground of sex against three female applicants settled in the UK who wished to be joined by their spouses. It was easier for men settled in the UK to be joined by a non-national spouse than women but no objective and reasonable justification was found for this difference of treatment.

Date of decision: 28-05-1985
Relevant International and European Legislation: Article 3,Article 8,Article 12,Article 13,Article 14,Article 25,Article 31,Article 32,Article 43,Article 44,Article 46,Article 47,Article 48,Article 50,ECHR (Fourth Protocol)