Ecrthr case summaries
Detention conditions in Greek police stations and living conditions in Idomeni Camp in northern Greece for five unaccompanied children were in breach of Article 3 of the Convention. A further violation was found in respect of Article 5 § 1 regarding the “protective custody” of unaccompanied children in police stations.
It is necessary to make a proportionality assessment with consideration of both the gravity of the crime committed by the applicant and the interests of society, and the applicant’s individual rights, particularly his right to private and family life under Article 8.
The Federal Administrative Court failed to fully assess the impact that the measure of removal would have on the applicant. The evolution of the applicant's conduct since the occurrence of the crime, the applicant’s deteriorating medical condition, and his social, cultural and family ties in the host country were not sufficiently examined in the decision. The failure to assess the proportionality of the removal order and amounted to a violation of Article 8 of the Convention.
Extradition to Iran to face criminal charges would risk a violation of Article 3 due to possible exposure to flogging under Iranian penal law.
Detention in police stations, places that by their very nature are designed to accommodate people for very short durations, may amount to degrading and inhuman conditions under Art. 3 ECHR if protracted for a long time.
Detention of a person with a view to deportation is contrary to Art. 5 § 1 (f) if unlawful under the Convention or domestic law.
The precarious living conditions in Calais and the failure of the French authorities to comply with judicial orders to protect the applicant, in view of his personal circumstances and young age, reach the threshold for a breach of Article 3.
The Spanish authorities failed to properly consider all the relevant criteria, before initiating proceedings to expel two Moroccan nationals, who were awaiting their long-term residence permits, due to their criminal convictions. The proportionality of the measure was not adequately assessed and the applicants’ social and cultural ties with both Spain and Morocco were not taken into account.
The ECtHR ruled that failure to allow a Russian family with five children to submit asylum applications on the Lithuanian border and their removal to Belarus amounted to a violation of Article 3 ECHR.
The ECtHR ruled the conditions of the applicant’s detention, prior to her being deported from Cyprus, subjected her to hardship going beyond the unavoidable level of suffering inherent in detention and thus amounted to degrading treatment prohibited by Article 3 of the Convention.
The Belgian authorities carried out a reasonable assessment, balancing the risk to public safety with the applicant’s mental health, in deciding the applicant’s detention. The duration and medical care provided in detention were lawful and justified.
Russia had failed to substantially and effectively examine the repeated claims of the applicants that their extradition would constitute a violation of Article 3 ECHR. Given the current situation in Uzbekistan and Tajikistan and the individual circumstances of the applicants, a number of violations were found.