Case summaries

The detention conditions, to which the applicants had been subjected to in police stations, while being under protective custody as unaccompanied minors, violated Article 3 ECHR.  Violation of Article 3 in conjunction with Article 13 on account of the applicants’ inability to bring a complaint against the detention conditions.

Their placement in protective custody was an unlawful detention measure under Article 5, as there were no time limits, no vulnerability assessment and no consideration of this form of custody as one of last resort. The applicants had no possibility to exercise their rights under Article 5 (4), as they could not establish contact with their lawyer and the lack of official detainee status would have raised practical obstacles in any attempt to challenge their detention.

The Court indicated interim measures (under Rule 39) to Russia after the order of removal of a Syrian national who applied for asylum after the expiry of his student visa. Subsequently, the applicant applied to the Court against the Russian Federation claiming that Russia had breached his rights under Articles 2, 3, 5(1)(f) and 5(4) of the Convention.

The Court ruled that there would be a breach of Article 3 if the applicant were expelled to Tajikistan, that there was a violation of Article 5(4) based on the thirty-five and the seventy days delay of the competent agency processing the translation of the relevant material for the applicant. Finally, the Court found that the detention was lawful and there was no violation of Article 5(1).

NB: the case was referred to the Grand Chamber, which issued a new ruling on 13 February 2020. For the EDAL summary of the final judgment, see here.

The continued and exclusive control of contracting State's authorities over individuals creates, at least, a de facto exercise of jurisdiction for the purposes of Article 1 ECHR. 

The ECtHR declared inadmissible the complaints brought by a Senegalese national who had unsuccessfully applied for asylum in Spain due to his fear of being persecuted in his country of origin on the grounds of his sexual orientation. The complaints were considered premature since the Audiencia Nacional had annulled the administrative decision rejecting his asylum application and the asylum procedure had started afresh. 

The Judge of liberty and detention of the Toulouse Appeal Court considered that an extension of the applicant’s administrative detention would mean subjecting her to imminent forcible return to her country of origin, which was not compatible with articles 3 and 13 ECHR since an appeal against a decision rejecting the applicant’s asylum application was still pending and with sufficient grounds.

As a result, the Judge held that there was no reason to extend the duration of the applicant’s administrative detention.

Lack of prompt investigation of ill-treatment complaints may amount to a procedural violation of Article 3 ECHR. Detention conditions should follow certain standards and individuals should be kept in suitable establishments with enough allocated space.

The Court of Appeal in this case focused on two main questions: 

1) To what extent is the decision-maker on an application for international protection obliged to investigate the authenticity of documents relied upon by the applicant in those cases where here credibility is challenged; and

2) Whether sufficient steps were taken to ensure that the documentary materials provided by the applicant were in fact proven to be authentic. 

Where the ECtHR has, under Article 39 of the ECHR, granted interim measures prohibiting the Government from deporting the Applicant, this does not impact the ability of national courts to rule on the Applicant’s claim to asylum. The interim measures are binding on national authorities only.

1. An application for asylum lodged in Germany only qualifies as a subsequent application within the meaning of section 71a of the Asylum Act, interpreted in conformity with the constitution, if the first asylum procedure in a country that is generally determined to be a safe third country has actually been conducted in compliance with the 1951 Refugee Convention as well as the European Convention on Human Rights (ECHR).
This is not the case, where, at the time of the decision, there have been systemic deficiencies in the asylum procedures of the third country which have put the applicant at risk of an inhuman or degrading treatment within the meaning of Art. 4 of the EU Charter of Fundamental Rights and Art. 3 of the ECHR.

2. The procedure to determine whether a second asylum procedure is to be conducted also requires a personal interview of the applicant. Such an interview is only dispensable where the Federal Office of Migration and Refugees (Federal Office) can either decide on the basis of the information received on the merits of the decision whether the new application constitutes a new submission or assess already on the basis of the detailed written explanations of the applicant reliably and safely that the submission is clearly and manifestly inconsistent.