Ecrthr case summaries

The European Court of Human Rights ruled that the proposed expulsion of a Tanzanian national from the United Kingdom to Tanzania will expose him to inhuman and degrading treatment, in violation of Article 3 of the Convention.

Turkey’s continual and severe failure to carry out an effective investigation into the circumstances of disappearance of Greek-Cypriots, who were at the time under the control of its agents, constituted a violation of Articles 2,3 and 5 of the ECHR. The circumscription of freedom of movement, religion and association of Greek-Cypriots in Northern Greece constituted violations of Articles 9 and 10 and the continual violation of Article 1 Protocol 1 by virtue of preventing Greek Cypriot owners from having access to, control and use of their property was also found by the Court.

The proposed deportation of the applicant to Iran would violate Article 3 ECHR, and as she was prevented from having the merits of her claim examined due to non-compliance with procedural time limits, there was a breach of Article 13 ECHR.  This was because she had no chance to challenge the decision on appeal, or access to a remedy with suspensive effect.

Applicant complained under Articles 2, 6, 13 and 14 of the Convention in relation to the death of her partner while in police custody.

The case involved a Sri Lankan asylum seeker whose application was rejected in Germany, and upon seeking asylum in the UK, was rejected on the basis of the Dublin Convention and that his application corresponded to Germany. The Court found no breach of a Convention obligation from the UK by its decision to remove him to Germany.               

The application of a Bosnian Croat concerning the collective expulsions from Croatia to Bosnia-Hercegovina is found to be manifestly ill-founded and thus the application is inadmissible. 

The case involved the proposed removal of a convicted alien drug courier dying of AIDS to his country of origin, St Kitts, where he had no access to proper medical treatment, nor accommodation, family, moral or financial support. The Court found that his deportation would amount to a breach of Art. 3 obligations by the UK. 

Mrs Loizidou argued that the refusal by Turkish troops to allow her access to property she claimed to own in northern Cyprus violated her right to peaceful enjoyment of her property. The Court held that Turkey could be held responsible for what was a continuing violation of the right under Article 1 of Protocol No. 1.

This case involved a Somali refugee in Austria whose refugee status was ordered as forfeited after a criminal conviction. Because of the absolute nature of Art. 3, the Court found his criminal conviction immaterial and that he still faced a serious risk of persecution in Somalia, therefore Austria would breach its obligations under Art. 3 if his deportation was executed. 

This case involved the UK’s attempted deportation of an Indian citizen and leader of the Sikh separatist movement who lived in the UK and was allegedly a national security threat. Because of the risk of ill-treatment, the Court found the UK would breach Art. 3 if he were deported to India, in conjunction with a violation of Art. 13. Because he was not able to review the lawfulness of his prolonged detention, the Court also found a violation of Art. 5 (4).