Ecrthr case summaries

ECtHR - K.M. v. Switzerland, Application no. 6009/10, 2 June 2015
Country of applicant: Albania

The European Court of Human Rights held that the removal of an Albanian national from Switzerland to Albania would not violate his right to family life.

Date of decision: 02-06-2015
ECtHR – L. O. v France, Application No. 4455/14, 26 May 2015
Country of applicant: Nigeria

Considering the general situation in the country and the circumstances specific to the Applicant, the ECtHR held that there were no serious and current grounds to believe that she would be at real risk of treatment contrary to Article 3 upon her return to Nigeria. 

Date of decision: 26-05-2015
ECtHR - N.M. v. Romania, (Application no. 75325/11), 10 May 2015
Country of applicant: Afghanistan

The case examined the allegations of an Afghan national that his isolated living condition in the detention centre of Otopeni in Romania constituted inhumane treatment, in violation of article 3 of the Convention. He further alleged a violation of Article 5 para 4 with regards to his right to an effective remedy to challenge the effectiveness of his detention. In addition, he complained of an excessive time period in detention (more than a year). 

Date of decision: 10-05-2015
ECtHR - Khamrakulov v. Russia, Application no. 68894/13, 16 April 2015
Country of applicant: Kyrgyzstan

The European Court of Human Rights found that extraditing a Kyrgyz national of Uzbek ethnic origin from Russia to Kyrgyzstan would give rise to inhumane and degrading treatment prohibited by article 3 of the European Convention on Human Rights (ECHR). It was also found that the repeated delays by the Russian authorities in hearing the applicant’s appeals against his detention in Russia constituted a violation of his article 5 para 4 rights to a speedy judicial decision on the lawfulness of the applicant’s detention between January 2013 and January 2014.

Date of decision: 16-04-2015
ECtHR - Mahammad and Others v. Greece, Application no. 48352/12, 15 April 2015
Country of applicant: China, Egypt, Iran, Ivory Coast, Nigeria

The case examined the allegations of the applicants that their detention conditions in Greek detention centres were contrary to Article 3 due to overpopulation and poor hygiene conditions. It further examined their complaint under Article 5 para 4 that the administrative tribunal in Greece, which should have examined the legality of their detention did not, in fact, adequately do so. 

Date of decision: 15-04-2015
ECtHR- A.F. v. France, Application no. 80086/13, 15 April 2015
Country of applicant: Sudan

The case relates to a Sudanese national of Tunjur origin who claimed a risk of being subjected to ill-treatment if expelled to Sudan on the grounds of his ethnic origin and supposed ties with the JEM, the rebels’ movement against the regime in Sudan. 

Date of decision: 15-04-2015
ECtHR- A.A. v. France, Application no. 18039/11, 15 April 2015
Country of applicant: Sudan

The case examines the allegations of a Sudanese national- member of a non-Arab tribe in Sudan- that his deportation to that country would expose him to treatment contrary to Article 3 of the Convention because of his race and supposed links with the rebel movements in the country. 

Date of decision: 15-04-2015
ECtHR - Tatar v. Switzerland, Application no. 65692/12, 14 April 2015
Country of applicant: Turkey

The case examined the allegations of the applicant that his proposed expulsion to Turkey would place him at risk of inhuman and degrading treatment and would jeopardize his physical and health integrity.

The Court found no violation of the articles 2 and 3 of the Convention and held the claimed violations of articles 6 and 8 to be unfounded.

Date of decision: 14-04-2015
ECtHR - W.H. v Sweden, Application no. 49341/10, 8 April 2015
Country of applicant: Iraq

This case concerned the risk of violation of Article 3 for the proposed deportation to Iraq of a single female who was a member of the Mandaean religious minority.

 In its previous judgment the Court had found that there would be no violation, provided that the applicant was returned to the Kurdistan Region of Iraq.

The case was struck out unanimously by the Grand Chamber pursuant to Article 37 § 1 ECHR given that the applicant had been granted a permanent residence permit in Sweden. 

Date of decision: 08-04-2015
ECtHR - Aarabi v. Greece, Application no. 39766/09, 2 April 2015
Country of applicant: Lebanon

The European Court of Human Rights has held that the detention conditions on the island of Chios, the detention centre of Tychero and the north of Greece, where a minor Palestinian was held, were not in breach of article 3 of the Convention.

In addition, the Court did not accept that the applicant’s right to liberty and security (article 5) and right to an effective remedy (article 13) had been violated.

Date of decision: 02-04-2015