Ecrthr case summaries
The case concerns judicial proceedings that ended with the granting of guardianship of a child from the Sahrawi refugee camps in Tindouf to a Spanish host family, after a long period of uncertainty and despite her biological mother’s request for her return. The Court found violation of Article 8 in this regard.
The applicants were the relatives of Iraqi civilians killed by British soldiers in Iraq in 2003 during British security operations. The Court held that the deceased fell within the jurisdiction of the UK within the meaning of Article 1 ECHR, and that the UK had breached its obligation under Article 2 to carry out an adequate and effective investigation into the deaths with respect to the first five applicants.
Inadequate care and unlawful detention of an unaccompanied minor seeking asylum: the case concerned the conditions in which a minor from Afghanistan, who had entered Greece illegally, was held in the Pagani adult detention centre on the island of Lesbos.
Refusal to grant social security to political refugees was in breach of the Convention.
This case examined the compatibility of the Dublin II Regulation with the European Convention on Human Rights regarding transfers to Greece under the Dublin II Regulation. The Court found that there was a violation of Article 3 ECHR by the Greece Government because of the applicant’s conditions of detention, violation of Article 3 ECHR by Greece concerning the applicant’s living conditions in Greece, violation of Article 13 taken in conjunction with Article 3 ECHR against Greece because of the deficiencies in the asylum procedure followed in the applicant’s case and the risk of his expulsion to Afghanistan without any serious examination of the merits of his asylum application and without any access to an effective remedy. The Court also found in relation to Belgium that there was a violation of Article 3 by sending the applicant back to Greece and exposing him to risks linked to the deficiencies in the asylum procedure in that State, also held against Belgium a violation of Article 3 for sending him to Greece and exposing him to detention and living conditions there that were in breach of that ECHR article. The Court also found a violation of Article 13 ECHR taking in conjunction with Article 3 ECHR against Belgium.
Unlawful detention of an Algerian citizen in Malta for more than 18 months.
The European Court of Human Rights (ECtHR) has ruled that Turkey had violated Article 5 para 1 and 4 of the Convention with regards to the applicant’s unlawful detention and lack of remedy to challenge the lawfulness of his deprivation of liberty. Further, it found a violation of Article 34.
The European Court of Human Rights (ECtHR) has ruled that Turkey had violated Article 5 para 1 and 4 of the Convention with regards to the applicant’s unlawful detention and lack of remedy to challenge the lawfulness of his deprivation of liberty. Further, it found a violation of Article 34.
Trafficking in human beings falls under the prohibition of Art. 4 of the Convention. Consequently, state parties have the positive obligation:
- to adopt an adequate and comprehensive legal framework to combat this criminal offence;
- to undertake protective measures whenever the authorities are aware or ought to have been aware of a serious risk of a person being subject to trafficking;
- and to appropriately investigate situations of potential trafficking.