Case summaries
ECtHR - Čonka v Belgium, Application no. 51564/99, 5 February 2002
Country of applicant:
Slovakia
Keywords:
Effective access to procedures, Detention, Effective remedy (right to), Individual assessment, Race
The applicants were unlawfully detained and had no effective remedy to challenge their detention. There was a finding that they had been collectively expelled, given the context of their expulsion along with many others of the same nationality, and as their individual circumstances had not been adequately taken into consideration.
Date of decision:
05-02-2002
UK - House of Lords, 6 July 2000, Horvath v. Secretary of State for the Home Department [2000] UKHL 37
Country of applicant:
Slovakia
Keywords:
Actors of protection, Actor of persecution or serious harm, Non-state actors/agents of persecution, Refugee Status
In cases where the applicant fears persecution from non-state actors, the home state can be judged to provide protection if it has in place a system of domestic protection machinery for the detection, prosecution and punishment of such acts, and has an ability and readiness to operate the machinery. Where the line is drawn will depend on the facts of the case.
Date of decision:
06-07-2000