Case summaries

  • My search
  • Relevant International and European Legislation
    1
Reset
ECtHR - Alhowais v. Hungary, Application No. 59435/17, 02/02/2023
Country of applicant: Syria

The Court found Hungary in violation of procedural aspects of Articles 2 and 3 of the ECHR, as well as a substantive violation of Article 2 in relation to the death of the applicant’s brother during a border control operation. The Court rejected the substantive violation of Article 3 due to a lack of conclusive evidence from an effective investigation.

Date of decision: 02-02-2023
Relevant International and European Legislation: Article 1,Article 2,Article 3,Article 4,Article 35,Article 37,Article 41
ECtHR - Zoletic and Others v. Azerbaijan, Application No. 20116/12, 07/10/2021
Country of applicant: Bosnia and Herzegovina

Even in the absence of a formal complaint, the repeated notifications of trafficking elements to authorities and broader awareness of migrant worker abuse reported in international resources (ECRI, GRETA reports) triggered a duty to investigate. However, the Government failed to show any effective investigation took place: no attempts were made to identify or question victims or alleged perpetrators, nor were legal-assistance mechanisms used to gather evidence from Bosnia and Herzegovina.

The Court unanimously found a violation of Article 4 § 2 under its procedural limb.

Date of decision: 07-10-2021
Relevant International and European Legislation: Article 4,Article 34,Article 41
ECtHR – V.C.L. and A.N. v. The United Kingdom, Applications nos. 77587/12 and 74603/12, 16 February 2021
Country of applicant: Vietnam

Article 4 ECHR requires that victims of trafficking are promptly identified as soon as there is credible suspicion of trafficking-related circumstances, regardless of whether the victims were able to identify and mention their experience.

To the extent that is possible, potential victims of trafficking can only be prosecuted following an assessment of whether they have been trafficked. Prosecutorial service should be aware of protocols around trafficking cases.

The lack of an assessment of whether the applicants had been trafficked prevented them from obtaining evidence that were fundamentally related to their defence in violation of their right to a fair trial under Article 6. The domestic judicial procedure was also contrary to Article 6 insofar as the applicants’ subsequent claims regarding their trafficking were not adequately assessed.

Date of decision: 16-02-2021
Relevant International and European Legislation: Article 4,Article 6,Art 6.1,Art 6.3
Federal Administrative Tribunal (Court V), A. v. SEM, 28th October 2020, E-3822/2019
Country of applicant: Eritrea

The State Secretariat of Migration (SSM) is obliged to assess the proportionality of a cessation measure in a case of a granted temporary residence in Switzerland. It was concluded that the cessation of temporary residence is not proportionate, when the applicant showed considerable efforts to integrate in the host community such as learning languages and practicing several internships to obtain a job in that country. His return would hamper all those integration efforts.

Date of decision: 28-10-2020
Relevant International and European Legislation: Article 3,Article 4,Art 8.1,Art 8.2,UN Convention on the Rights of the Child
ECtHR - M.S. v. Slovakia and Ukraine, Application no. 17189/11, 11 June 2020
Country of applicant: Afghanistan

Slovakian authorities provided information and interpretation and there are no indications that these were inadequate to the extent of impairing the individual’s access to asylum. The applicant’s return to Ukraine was conducted in the context of a readmission framework and there was no reason for Slovakian authorities to be particularly alert regarding potential human rights violations in Ukraine.

However, there has been a procedural violation of Article 3 of the Convention by Ukraine on account of the Ukrainian authorities’ failure to examine the applicant’s claims of fear of persecution in Afghanistan properly before returning him there. Moreover, there has been a violation of Article 5 §§ 2 and 4 of the Convention by Ukraine.

Date of decision: 11-06-2020
Relevant International and European Legislation: Art 1,Article 3,Article 4,Article 5,Article 13,Article 34,Article 35,Article 36
ECtHR – Haghilo v. Cyprus, Application No. 47920/12, 26 March 2019
Country of applicant: Iran

Detention in police stations, places that by their very nature are designed to accommodate people for very short durations, may amount to degrading and inhuman conditions under Art. 3 ECHR if protracted for a long time.

Detention of a person with a view to deportation is contrary to Art. 5 § 1 (f) if unlawful under the Convention or domestic law. 

Date of decision: 26-03-2019
Relevant International and European Legislation: 5.,6.,Article 3,Article 4,Art 5.1,Art 5.1 (f),Article 10,Article 18
ECtHR – Case of A.S. v France, 19 July 2018, Application No. 46240/15
Country of applicant: France, Morocco

After being notified of his return decision, set to take place on the same day, the applicant requested an interim measure on Article 3 ECHR grounds in the morning but was nonetheless expelled to Morocco in the afternoon. The Court found no violation of Article 3, regarding the applicant’s expulsion to Morocco, by taking into account subsequent information. It found a violation of Article 34 of the Convention, owing to the fact that the applicant had no sufficient time to file a request to the Court, hence running the risk back then of being potentially subjected to treatment prohibited by the Convention.

Date of decision: 19-07-2018
Relevant International and European Legislation: Art 1,Art 33.1,Article 3,Article 4,Article 8,Article 13,Article 14,Article 34,Article 35,Article 41,Article 45
ECtHR - Chowdury and Others v Greece, Application No. 21884/15, 30 March 2017
Country of applicant: Bangladesh

The Court finds that forced labour constitutes one form of exploitation subsumed by the definition of trafficking, as is clearly shown in Article 4a) of the Council of Europe Convention on Action against Trafficking in Human Beings.

The positive obligations under Article 4(2) of the ECHR must be interpreted in light of the Council of Europe Convention and the manner in which it has been interpreted by the Council of Europe's Group of Experts on Action against Trafficking in Human Beings. Contracting States have three positive obligations under Article 4(2):

a)       an appropriate legal and regulatory framework for the criminalisation of human trafficking;

b)      operational measures on the prevention of human trafficking and the protection of victims’ rights

c)      an effective investigation and judicial procedure.

Date of decision: 30-03-2017
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 4
Switzerland – Federal Administrative Court, 18 July 2016, D-6806/2013
Country of applicant: Nigeria

In cases of reasonable suspicion that a person applying for asylum was a victim of human trafficking, the Swiss State Secretary for Migration is obliged to clarify the facts thoroughly on its own initiative.

Date of decision: 18-07-2016
Relevant International and European Legislation: Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 4
UK - Esmaiel Mohammed Pour (1), Seid Jafar Hasini Hersari (2), Majid Ghulami (3) v The Secretary of State for the Home Department
Country of applicant: Iran

The case concerns three unconnected Iranian nationals who unsuccessfully claimed asylum in the Republic of Cyprus then came to the UK where they made asylum claims.  A further right to appeal remained with the Cypriot Supreme Court.  The case is a challenge by the applicants to the SSHD’s refusal to decide their asylum claims substantively; certification of their asylum claims on safe third country grounds; and certification of their human rights claims as clearly unfounded.

The Court concluded that there was no real risk that the applicants, if returned to Iran from Cyprus, would be refouled there and the inclusion of Cyprus on the list of safe third countries involves no incompatibility with the ECHR.  The Court was wholly unpersuaded that there was any flagrant breach of Article 5 in Cyprus for Dublin returnees who have had a final decision on their claim.

Date of decision: 01-03-2016
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 39,Art 25,Art 15,Art 18,Art 32,Art 34,Art 39.1 (c),EN - Charter of Fundamental Rights of the European Union,Article 4,Article 6,Article 19,Art 19.2,Article 47,Article 52,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 20,Article 21,Article 33,Article 40,Article 46,Art 15.2,Art 15.3 (b),Art 15.3 (d),Art 39.3,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 13,Article 15,2.,Art 52.3,Article 2,Article 3,Article 4,Article 5,Article 6,Article 13,Art 5.1,Art 5.2,Art 5.3,Art 5.4,Art 5.5,Art 6.3,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 23,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 8,Article 9