Ecrthr case summaries

Swiss deportation to Sudan of non-high-profile political opponent of Sudanese government would risk inhuman or degrading treatment contrary to Article 3.

The seven year time lapse since the Sunni Muslim Applicant’s former service in the Iraqi army, no evidence of future risk arising from previous injuries, and no medical reasons preventing return, led the majority to find that return to Iraq would not violate the applicants rights under Articles 2 or 3.

Internal contradictions in the Sunni Muslim Applicant’s account, coupled with the time lapse since the relevant acts of persecution, led the majority to conclude that his return to Iraq, despite former employment with US-backed security companies, would not violate Articles 2 or 3.

The return of a Pakistani national of the Ahmadiyya religion to Pakistan would violate Article 3. The French authorities had wrongly rejected the Ahmadiyya Applicant’s credibility, which is supported by evidence of prosecution by the Pakistani authorities for blasphemy.

Greek detention conditions and lack of effective review violate Iranian asylum seeker’s Article 3 and Article 13 rights, but complaint against removal declared inadmissible and detention ruled to be lawful and non-arbitrary.

The reasonable possibility of relocation to the Anbar governorate rendered a Sunni Muslim’s return to Iraq Article 3 compliant in spite of the personal risk he faced in Baghdad from a blood feud. His former membership of the Ba’ath party and military service was no longer regarded as a threat by the Court.

The Court examined the complaints of a Somali national concerning her detention conditions in Malta (Article 3), which deteriorated her mental health and resulted in inhuman and degrading treatment.  She further alleged that her detention was in breach of Article 5 § 1, 2 and 4 (Right to liberty and security).

Examining the applicant’s complaints of unlawful detention, absence of information on the specific reasons of his detention and lack of access to effective remedies, the Court found a violation of Article 5 para 1 and Article 5 para 4 of the Convention. 

It is not the case that in autumn 2008 the Austrian authorities ought to have known that serious deficiencies in the Greek asylum system risked a violation of the Applicant’s Article 3 rights if transferred to Greece under the Dublin procedure.

The case examined the allegations of a Sudanese national, detained for fifteen days in two police stations in Greece after applying for asylum, that his placement in detention was unlawful (Article 5 para 1) and his detention conditions were inhuman (Article 3).