Ecrthr case summaries
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).
The detention of an unaccompanied minor for two months, mostly in an adult detention centre, and without effective administrative review, violated the Applicant’s rights under Article 5(1) and Article 5(4). The Court rejected related complaints under Articles 3 and 9.
The lack of close and rigorous scrutiny during the relevant period by the Czech authorities of the Applicant’s claim that expulsion would violate his rights under Article 3, including the ignoring of an important judgment blocking his extradition, constituted a violation of Article 13 in conjunction with Article 3.
The Applicant’s alleged risk of persecution due to his former employment with the Iranian Intelligence Services was found by the Court to be sufficiently credible to give rise to a violation of Article 3 if the Applicant were forcibly returned to Iran. The French authorities’ use of the priority procedure did not however violate Article 13 in the Applicant’s case.
The French authorities’ failure to conduct an adequate inquiry into the Applicant’s medical evidence resulted their dismissal of the credibility of the Tamil applicant, who, according to the ECtHR, would face a real risk of treatment contrary to Article 3 if returned to Sri Lanka.