Ecrthr case summaries

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). 

The Court found that the French authorities had violated Article 5 para 1 of the Convention by holding four Somali nationals in the international zone of the Paris-Orly airport.

The killing of 3 IRA terrorist by SAS soldiers in order to prevent a suspected bomb attack is alleged as a deprivation of the right to life under Article 2 of the Convention. The ECtHR rules that the UK authorities were in breach of Article 2 in the control and organisation of the operation against the suspects.

The five applicants were asylum seekers from Sri Lanka of Tamil ethnicity whose requests were denied in the UK and had been returned to Sri Lanka. The Court rejected their allegations that a breach of Art. 3 due to risk of ill-treatment as well as of a breach of Art. 13 because of ineffective judicial remedy had been committed by the UK.