Case summaries
Netherlands - District Court Amsterdam, 7 August 2009, AWB 08/8710
Country of applicant:
Afghanistan
It is in violation of Art 13 of the ECHR (Right to an Effective Remedy) in conjunction with Art 3 of the ECHR (Prohibition of Torture) that the applicant may not await the court’s decision on his request for a temporary injunction against his expulsion in the Netherlands, even though he has an arguable claim under Art 3 of the ECHR. Further that Art 39 of the Procedures Directive is not correctly implemented in Dutch law.
Date of decision:
07-08-2009
Relevant International and European Legislation:
1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 1F,Art 2 (k),Art 7.1,Art 39.3 (b),EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,(c),1.,Article 13,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 13