Ecrthr case summaries

ECtHR - B.K.A. v. Sweden, Application No. 11161/11
Country of applicant: Iraq

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.

Date of decision: 19-12-2013
ECtHR- Aden Ahmed v. Malta, (Application no. 55352/12, 9 December 2013
Country of applicant: Somalia

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).

Date of decision: 09-12-2013
ECtHR - Suso Musa v. Malta, (Application no. 42337/12), 9 December 2013
Country of applicant: Sierra Leone

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. 

Date of decision: 09-12-2013
ECtHR - Sharifi v. Austria, Application No. 60104/08
Country of applicant: Afghanistan

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.

Date of decision: 05-12-2013
ECtHR- Horshill v. Greece, Application no. 70427/11, 1 November 2013
Country of applicant: Sudan

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).

Date of decision: 01-11-2013
ECtHR - Housein v. Greece, Application No. 71825/11
Country of applicant: Afghanistan

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.

Date of decision: 24-10-2013
ECtHR - Budrevich v. the Czech Republic, Application No. 65303/10
Country of applicant: Belarus

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.

Date of decision: 17-10-2013
ECtHR - K.K. v. France, Application No. 18913/11
Country of applicant: Iran

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.

Date of decision: 10-10-2013
ECtHR - A.F. v. Greece, Application No. 53709/11
Country of applicant: Iran
Keywords: Detention

Detention conditions for asylum seekers in Greece tantamount to a violation of Article 3 ECHR, in particular due to overcrowding.

Date of decision: 07-10-2013
ECtHR - R.J. v. France, Application No. 10466/11
Country of applicant: Sri Lanka

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.

Date of decision: 19-09-2013