Case summaries
Y.F.C. and Others v. The Netherlands, Application no. (Application no. 21325/19), 21 April 2026
Country of applicant:
Venezuela
Keywords:
Effective access to procedures, Inhuman or degrading treatment or punishment, Legal assistance / Legal representation / Legal aid, Non-refoulement, Procedural guarantees, Admissibility of applications; Exclusion from, Collective expulsions
The case concerns seven Venezuelan nationals who arrived in Curaçao in April 2019 and were placed in immigration detention following refusal of entry and removal orders. The Court found a violation of Article 3 ECHR in relation to the use of force during their detention, the absence of an effective and independent investigation and the lack of justification for the use of rubber bullets against applicants in custody. It further found a violation of Article 5 § 4 ECHR, due to the lack of access to a speedy judicial review of the lawfulness of their detention, particularly due to the lack of accessible remedies, language barriers, and absence of effective legal assistance.
Date of decision:
21-04-2026