Case summaries
The European Court of Human Rights held that the expulsion of an Eritrean deserter to Eritrea would give rise to a violation of Article 3 of the Convention.
The case involved two Uzbek nationals who were extradited to Uzbekistan by Turkey after Uzbekistan claimed they had committed terror-related crimes, while the applicants countered that they were political dissidents and would face ill-treatment and torture if returned. Despite the Court ordering interim measures to defer, Turkey extradited both and they were sentenced to terms of imprisonment. The Court found no violations of Art. 2, 3, or 6, but did find a violation of Art. 34 for Turkey’s non-compliance with the interim measures.
The application concerned the violations of Articles 2, 3 and 13 of the Convention following police officers’ excess powers used against the applicant during his arrest. The Court held that to be a violation of Article 2.
Application to give suspensive effect to a decision by the Minister for Public Order
This case concerned deportation of a recognized refugee (Articles 32 and 33 of the 1951 Convention relating to the Status of Refugees) after a conviction for a criminal offence under common law.
Immediate deportation would expose the applicant to the risk of suffering irreparable harm in the event that his application for annulment is successful. Because of the severity of that harm, moves to deport him must be given suspensive effect until there has been a final decision on his application for annulment, even though the decision to deport him was motivated by the protection of public order.
The case also considered ending the applicant's detention andreturning the refugee residence permit, which had been withdrawn, to the applicant.
The case involved a Sri Lankan asylum seeker whose application was rejected in Germany, and upon seeking asylum in the UK, was rejected on the basis of the Dublin Convention and that his application corresponded to Germany. The Court found no breach of a Convention obligation from the UK by its decision to remove him to Germany.