Case summaries
The case concerns seven Venezuelan nationals who arrived in Curaçao in April 2019 and were placed in immigration detention following refusal of entry and removal orders. The Court found a violation of Article 3 ECHR in relation to the use of force during their detention, the absence of an effective and independent investigation and the lack of justification for the use of rubber bullets against applicants in custody. It further found a violation of Article 5 § 4 ECHR, due to the lack of access to a speedy judicial review of the lawfulness of their detention, particularly due to the lack of accessible remedies, language barriers, and absence of effective legal assistance.
The political, humanitarian and economic crisis in Venezuela can justify subsidiary protection status if the individual’s return to the country of origin, would cause serious harm, characterized by the level of seriousness required to be considered as inhuman and degrading treatment.