Case summaries
The exhaustion of domestic remedies is a prerequisite for the admissibility of applications lodged with the ECtHR under Article 35 ECHR. Removal of individuals suffering from severe medical problems may not be considered inhumane in the meaning of Article 3 ECHR, when suitable treatment exists in the country of origin.
In the assessment of a real risk of inhuman treatment or a serious threat to life or physical integrity in a situation of indiscriminate violence within an armed conflict, not only the general security and supply situation has to be considered, but also the “specific distinguishing features” of the applicant, which expose him/her to a higher risk than the average population.
In the present case, the Federal Administrative Court (Bundesverwaltungsgericht, BVwG) did not assess the individual circumstances of the applicant, disregarding the binding force of a previous ruling of the Supreme Administrative Court (Verwaltungsgerichtshof, VwGH).
The Court indicated interim measures (under Rule 39) to Russia after the order of removal of a Syrian national who applied for asylum after the expiry of his student visa. Subsequently, the applicant applied to the Court against the Russian Federation claiming that Russia had breached his rights under Articles 2, 3, 5(1)(f) and 5(4) of the Convention.
The ECtHR ruled that there had not been a violation of Article 5(1) ECHR in the applicant’s detention at the VIAL hotspot, a day after the entry into force of the EU-Turkey Statement. It also ruled that the threshold of severity required for their detention conditions to be considered as inhuman or degrading treatment had not been reached.
However, the ECtHR found that Greece violated the applicant’s rights under Article 5(2) by not providing them with detailed, understandable information about the reasons for their detention and the remedies available to them.
The applicant, a national from Sierra Leone who claimed asylum in Switzerland on the grounds of persecution owing to his homosexuality, is found not to be at risk of treatment prohibited under Article 3 of the Convention in case of return to his country of origin. In substance, the Court recalls that national authorities are in the best position to carry out this risk assessment and recalls the UNHCR Guiding Principles on asylum claims based on sexual orientation, which require the evaluation of the risk through individual assessment, in addition to the examination of the country’s general situation.
The applicants although minors were detained in a detention facility where they were mixed with adults. The detention lasted until the Maltese government determined (in a process that took 8 months) that they were minors.
Moreover, the harsh conditions in the detention facilities amounted to inhuman or degrading treatment.
The ECtHR argues that the expulsion of a Moroccan National from Sweden to Morocco would represent a breach on article 3 ECHR.
Where an individual is detained with a view to his removal and an Article 3 violation is alleged if the applicant is returned, it is for the Court to rule on the plea and thus assess the lawfulness of the decision to detain.
In the light of the ECtHR jurisprudence on Article 3 ECHR and country of origin information on Sudan the Belgian authorities had to rigorously verify if the applicant would risk being subjected to treatment contrary to Article 3 ECHR before issuing the order to leave the territory, which includes giving the applicant an effective opportunity to be heard. This applies regardless of whether the applicant had applied for asylum or not.
The detention conditions experienced by two Syrians in the Krasnoye Selo facility amounted to inhuman and degrading treatment in breach of Article 3 ECHR. Moreover, the length of detention in most of the applicants’ cases was between eleven and fifteen months, which exceeded what was reasonably required for the purpose of administrative expulsion. Furthermore, they had no access to judicial and periodic review of their continued detention. A violation of Articles 5(1)(f) and 5(4) were found.
The ECtHR reviewed if the detention of a family with three children in a border police’s detention facility would be considered as a breach of Article 3 ECHR.