Ecrthr case summaries

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
ECtHR- AL.K. v. Greece, Application no. 63542/11, 11 March 2015
Country of applicant: Iran

The case examined the allegations of an Iranian national that his detention conditions at the border posts of Feres and Soufli resulted in a violation of Article 3 of the Convention (prohibition of inhuman and degrading treatment). It further examined whether the applicant’s living conditions after his release resulted in degrading treatment in violation of Article 3. 

Date of decision: 11-03-2015
ECtHR- A.E. v. Greece ( Application no 46673/10), 27 February 2015
Country of applicant: Turkey

In this judgement, the Court held that there was a violation of article 3 of the Convention concerning the detention conditions of the applicant at the premises of the executive subcommittee of the Thessaloniki foreign police. There was also a violation of article 5 para 1 (f) concerning the duration of his detention and para 4 with regards to the judicial review of his detention. 

Date of decision: 27-02-2015
ECtHR - M.T. v. Sweden, Application no. 1412/12, 26 February 2015
Country of applicant: Kyrgyzstan

The Court found that there would be no violation of Article 3 in the event of return of the applicant, who suffered from chronic kidney failure and was in need of dialysis three times per week, to Kyrgyzstan.

Date of decision: 26-02-2015
ECtHR - S.C. v. Romania, Application No 9356/11, 10 February 2015
Country of applicant: Turkey

The case concerns an expulsion order from Romanian territory issued against a Turkish applicant, and his placement in an administrative detention centre

The Court found that there was no violation of article 5(4) ECHR as the applicant had been given the opportunity to challenge the legality of his detention

However, it found that article 5(1)f) ECHR had been violated as the applicant had been detained for a further three months after the rejection of his asylum claim. 

Date of decision: 10-02-2015
ECtHR- A.M.E. v. The Netherlands, (Application no. 51428/10), 13 January 2015
Country of applicant: Somalia

The court found that the removal of a Somali applicant to Italy under the Dublin Regulation would not result in a violation of article 3of the Convention and would not entail any violation of the rights set in article 1, 2, 5, 6 and 13.

Date of decision: 13-01-2015
ECtHR – Mohamad v. Greece, Application no. 70586/11
Country of applicant: Iraq

The European Court of Human Rights (ECtHR) has held that the detention of an unaccompanied minor at Soufli border posts for over 5 months constituted a breach of Article 3 of the ECHR as well as a violation of the right to an effective remedy and the right to liberty and security.

Date of decision: 11-12-2014
ECtHR - M.A. v. Switzerland, Application no. 52589/13
Country of applicant: Iran

The case examines the risk to an Iranian national if expelled to Iran in light of his political activities against the country’s regime. The Court confirmed that such a return would give rise to a violation of Article 3 ECHR and whilst finding an Article 13 read in conjunction with Article 3 violation as admissible it raised no separate issue in the case.

Date of decision: 18-11-2014