Case summaries

The return of the applicants to Iraq violates Article 3 ECHR as there is a real risk of ill-treatment based on their personal circumstances as a targeted group and the Iraqi authorities’ diminished ability to protect them.

The applicant appealed against a deportation order on account of the high risk that he faced of being subject to treatment contrary to Article 3 ECHR in the case of return to Russia.

The Court found a violation of Article 3 in relation to a subsequent application for asylum, which had been rejected on the basis that it contained no new elements indicating that the Applicants ran a real risk of being subjected to inhuman and degrading treatment or punishment on deportation to Russia. Because new information had in fact been provided, the national authorities were under an obligation to thoroughly review the information in order to assure themselves that the Applicants’ rights under Article 3 would be safeguarded.

The degree of indiscriminate violence in certain parts of Iraq was such as to expose persons to a real risk of serious harm within the meaning of Article 15(c) of the Qualification Directive merely due to their presence there.

However, other areas of the country (including Baghdad City) did not meet this threshold, and as such, Iraqi nationals could be forcibly returned to these areas as it would not generally be unreasonable or unduly harsh for them to internally relocate there. 

The proposed deportation of the applicants to Iraq would not violate Article 3 ECHR, either based on the general situation of violence in Iraq, or on the basis of past serious violence and threats that occurred in 2008.

This case concerned the risk of violation of Article 3 for the proposed deportation to Iraq of a single female who was a member of the Mandaean religious minority.

 In its previous judgment the Court had found that there would be no violation, provided that the applicant was returned to the Kurdistan Region of Iraq.

The case was struck out unanimously by the Grand Chamber pursuant to Article 37 § 1 ECHR given that the applicant had been granted a permanent residence permit in Sweden. 

‘Internal armed conflict’ in the context of international protection means armed groups confronting each other or the State armed forces, and is defined independently of international humanitarian law. No special conditions apply regarding intensity, organisation or duration of conflict.

Asylum seeker’s return to Iran would not violate Article 2 or 3 because the risk of political persecution was unsubstantiated and peripheral and his conversion to Christianity was likely unknown to the authorities.

Swiss deportation to Sudan of non-high-profile political opponent of Sudanese government would risk inhuman or degrading treatment contrary to Article 3.

The seven year time lapse since the Sunni Muslim Applicant’s former service in the Iraqi army, no evidence of future risk arising from previous injuries, and no medical reasons preventing return, led the majority to find that return to Iraq would not violate the applicants rights under Articles 2 or 3.