Case summaries

For the purposes of access to legal cover for persons applying for international protection, documents issued by the Italian police certifying a person’s identity (residence permit) should be considered as being valid and wholly sufficient to identify the foreigner and, in consequence, to provide legal aid at the State’s expense, regardless of the precise particulars in the country of origin.

The applicants, who had been recognised as refugees by UNHCR, faced risk of ill-treatment contrary to Article 3 upon Turkey’s proposed  deportation of them to either Iran or Iraq. They had no effective opportunity to make an asylum claim or challenge their deportation. Further their detention had no legal justification and they had been unable to challenge its lawfulness. The Court found violations of Article 3, 13, 5(1), 5(2) and 5(4). 

This case concerned the insufficient sourcing of evidence relied upon by the decision maker in dismissing the applicant’s claim for protection. It was found to be a violation of Art 16.1 of the Asylum Procedures Directive where the decision was insufficiently sourced in the applicant’s file. Further that this violation is not remedied by making specific references to those sources before the court. 

The applicant lodged an appeal before the Supreme Court challenging the decision issued by the High National Court refusing refugee status. The applicant challenged the decision on the grounds that the right to legal assistance, representation and to the assistance of an interpreter had been violated.

The applicant was the leader of the PKK and the most wanted person in Turkey. He was arrested and sentenced to the death penalty. Breaches of Articles 3, 5 and 6 were found with regard to his detention, the imposition of the death penalty and his rights as the defence to a fair trial.

The Court found that in the event of the United Kingdom Secretary of State’s decision to extradite a fugitive indicted of murder in the United States being implemented, there would be a violation of Article 3 due to the possibility of his conviction of a death sentence, and the treatment and punishment he would face on death row in Virginia.