Case summaries

The case examined the allegations of five Afghan nationals that their detention conditions in Pagani detention centre were in violation of Article 3 of the Convention, that they did not have access to an effective remedy (Article 13) and that they were deprived of their liberty and security as well as of their right to have the lawfulness of their detention decided speedily by a Court (Article 5 para 4). 

The case concerned Somali and Eritrean migrants travelling from Libya who had been intercepted at sea by the Italian authorities and sent back to Libya. Returning them to Libya without examining their case exposed them to a risk of ill-treatment and amounted to a collective expulsion.

Expulsion by France of two nationals of Belarus whose asylum claims had been rejected would amount to a violation of Article 3. 

Under Article 2 ECHR there can be no extradition of an individual if a serious risk of the death penalty is established. An applicant’s psychological suffering due to the fear of execution by authorities violates Article 3.

It is not open to a Contracting State to enter into an agreement with another State which conflicts with its obligations under the Convention.

The European Court of Human Rights found that the authorities in the Netherlands had violated the right to family life of five Ethiopian nationals by not allowing them to be reunited in the Netherlands.

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.

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.

Turkey’s continual and severe failure to carry out an effective investigation into the circumstances of disappearance of Greek-Cypriots, who were at the time under the control of its agents, constituted a violation of Articles 2,3 and 5 of the ECHR. The circumscription of freedom of movement, religion and association of Greek-Cypriots in Northern Greece constituted violations of Articles 9 and 10 and the continual violation of Article 1 Protocol 1 by virtue of preventing Greek Cypriot owners from having access to, control and use of their property was also found by the Court.

Mrs Loizidou argued that the refusal by Turkish troops to allow her access to property she claimed to own in northern Cyprus violated her right to peaceful enjoyment of her property. The Court held that Turkey could be held responsible for what was a continuing violation of the right under Article 1 of Protocol No. 1.