Case summaries

The operation of an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm and access to such system by the claimant may not, in a given case, amount to protection. Article 7(2) of the Qualfication Directive is non-prescriptive in nature. The duty imposed on states to take “reasonable steps” imports the concepts of margin of appreciation and proportionality.

The case examined the allegations of an Afghan national that his isolated living condition in the detention centre of Otopeni in Romania constituted inhumane treatment, in violation of article 3 of the Convention. He further alleged a violation of Article 5 para 4 with regards to his right to an effective remedy to challenge the effectiveness of his detention. In addition, he complained of an excessive time period in detention (more than a year). 

The European Court of Human Rights found that extraditing a Kyrgyz national of Uzbek ethnic origin from Russia to Kyrgyzstan would give rise to inhumane and degrading treatment prohibited by article 3 of the European Convention on Human Rights (ECHR). It was also found that the repeated delays by the Russian authorities in hearing the applicant’s appeals against his detention in Russia constituted a violation of his article 5 para 4 rights to a speedy judicial decision on the lawfulness of the applicant’s detention between January 2013 and January 2014.

The case examined the allegations of the applicants that their detention conditions in Greek detention centres were contrary to Article 3 due to overpopulation and poor hygiene conditions. It further examined their complaint under Article 5 para 4 that the administrative tribunal in Greece, which should have examined the legality of their detention did not, in fact, adequately do so. 

The case relates to a Sudanese national of Tunjur origin who claimed a risk of being subjected to ill-treatment if expelled to Sudan on the grounds of his ethnic origin and supposed ties with the JEM, the rebels’ movement against the regime in Sudan. 

The case examines the allegations of a Sudanese national- member of a non-Arab tribe in Sudan- that his deportation to that country would expose him to treatment contrary to Article 3 of the Convention because of his race and supposed links with the rebel movements in the country. 

The case examined the allegations of the applicant that his proposed expulsion to Turkey would place him at risk of inhuman and degrading treatment and would jeopardize his physical and health integrity.

The Court found no violation of the articles 2 and 3 of the Convention and held the claimed violations of articles 6 and 8 to be unfounded.

The French National Asylum Court (the “CNDA”)  must assess whether or not the applicant should be granted refugee status or, failing that, subsidiary protection,taking into account all the factual on the basis of the circumstances which are known to the CNDA when it rules. In order to assess the accuracy of the facts reported by an applicant, the CNDA must take into account all evidence presented by an applicant in support of his application. In particular, when an applicant produces circumstantial evidence relating to the alleged risks that he is likely to face if he returns to his country of origin, the CNDA must – after assessing the credibility of such evidence and analysing it in light of the reported facts – assess the potential risks  which the facts reveal and, as the case may be, indicate the elements that led the CNDA to consider these risks to be not sufficiently serious. 

The European Court of Human Rights has held that the detention conditions on the island of Chios, the detention centre of Tychero and the north of Greece, where a minor Palestinian was held, were not in breach of article 3 of the Convention.

In addition, the Court did not accept that the applicant’s right to liberty and security (article 5) and right to an effective remedy (article 13) had been violated.

The case examined the allegations of an Iranian national that his detention conditions at the border posts of Feres and Soufli resulted in a violation of Article 3 of the Convention (prohibition of inhuman and degrading treatment). It further examined whether the applicant’s living conditions after his release resulted in degrading treatment in violation of Article 3.