Case summaries

The presumption that Italy remains in compliance with its EU and International Law obligations related to the reception and integration of asylum seekers and Beneficiaries of International Protection has not been rebutted. Asylum seekers and BIPs suffering from severe psychological trauma can be returned to Italy with no real risk of breaching article 3 ECHR, or 4 CFREU, since the Country's reception capacities have not been exceeded, while effective medical treatment is available under the same terms as to Italian nationals.

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 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. 

In this judgement, the Court held that there was a violation of article 3 of the Convention concerning the detention conditions of the applicant at the premises of the executive subcommittee of the Thessaloniki foreign police. There was also a violation of article 5 para 1 (f) concerning the duration of his detention and para 4 with regards to the judicial review of his detention. 

Where negative reports regarding the reception conditions and inhuman or degrading treatment in a first country of asylum indicate that an Applicant may not be safe in such a country, an Applicant’s request to remain in a Member State pending a decision on their right to remain must be given the benefit of doubt and outweigh the public’s interest in immediate enforcement of the ordered transfer.

The CJEU ruling concerned the scope of protection available under EU law to third country nationals suffering from serious illness whose removal would amount to inhuman or degrading treatment. The CJEU surmisedthat the removal of a person suffering a serious illness to a country where appropriate treatment was not available could in exceptional circumstances be contrary to the EU Charter of Fundamental Rights, and in such circumstances their removal had to be suspended pursuant to Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals. The Directive 2008/115/EC required the provision of emergency health care and essential treatment of illness to be made available to such persons during the period in which the Member State is required to postpone their removal.

The CJEU ruling concerned the scope of protection available under EU law to third country nationals suffering from serious illness whose removal would amount to inhuman or degrading treatment. The CJEU ruled that, although the removal of a seriously ill person could in exceptional circumstances amount to a breach of Article 3 ECHR, the Qualification Directive (2004/83/EC) is to be interpreted as not requiring a Member State to grant the social welfare and health care benefits to a third country national who has been granted leave to reside in the territory of that Member State under national legislation.

The European Court of Human Rights (ECtHR) has held that the detention of an unaccompanied minor at Soufli border posts for over 5 months constituted a breach of Article 3 of the ECHR as well as a violation of the right to an effective remedy and the right to liberty and security.

This case examined the compatibility of the Dublin II Regulation with the European Convention on Human Rights regarding transfers to Italy under the Dublin II Regulation.

The Court found a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights if the Swiss authorities were to send an Afghan couple and their six children back to Italy under the Dublin Regulation without having first obtained individual guarantees from the Italian authorities that the applicants would be taken charge of in a manner adapted to the age of the children and that the family would be kept together.