Ecrthr case summaries

The Dublin transfer of the applicant to Hungary will not violate Article 3 of the Convention. 

The European Court of Human Rights has ruled that, due to the availability of internal protection, Sweden can deport an asylum seeker back to Iraq provided that he is not returned to parts of Iraq situated outside the Kurdistan Region.

A violation of Article 3 of the Convention in respect of the applicants’ detention conditions in the Thessaloniki department for illegal immigration pending removal. 

ECtHR majority rules that the temporary return of a homosexual man from Sweden to Libya would not violate Article 3 as short term concealment of sexual orientation would be tolerable in order to reduce risk of persecution. 

Extradition from Belgium to Russia will not violate Article 3 of the Convention provided the applicant will be detained in a Convention-compliant institution in Russia and sufficient diplomatic assurances are provided by the Russian authorities.

The applicant’s transfer from Austria to Greece in April 2009 under the Dublin Regulation did not violate Article 3 of the Convention.

The proceedings before the Slovak Regional Court in respect of judicial review of the applicant’s detention had been incompatible with the requirements of Article 5 § 4 (right to have lawfulness of detention decided speedily by a court).

Detention conditions in Greece contrary to Article 3 of the Convention; Lack of effective review of the lawfulness of detention in violation of Article 5 § 4 of the Convention.

The European Court of Human Rights (ECtHR) has ruled that Spain violated the right to an effective remedy of 30 asylum seekers of Sahrawi origin who faced removal to Morocco before a thorough examination of their asylum application. It was only the ECtHR’s intervention that halted their deportation.

Although the decision and length of Greek detention of asylum seekers was justified and proportionate, the conditions of the Venna detention centre did not comply with Article 3 and there was no effective review of the lawfulness of their detention.