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ECtHR - Shamsa v Poland, Application Nos 45355/99 and 45357/99, 27 November 2003
Country of applicant: Libya
Keywords: Detention

The European Court of Human Rights found that there had been a violation of Article 5(1) ECHR through the unlawful detention of two Libyan nationals by the Polish authorities after the expiration of an expulsion order due to be executed within 90 days.  

Date of decision: 27-11-2003
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,Article 25,Article 26,Article 27,Article 34,Article 41,Article 43,Article 44,Article 52,Article 59,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
ECtHR - Sen v. the Netherlands, Application no. 31465/96, 21 December 2001
Country of applicant: Turkey

The European Court of Human Rights found an infringement of the applicants’ right to respect for their family life, guaranteed by Article 8 of the European Convention on Human Rights, on account of the rejection of their application for a residence permit for their daughter.

Date of decision: 21-12-2001
Relevant International and European Legislation: EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8,Article 25,Article 27,Article 36,Article 41
ECtHR - Velikova v. Bulgaria , Application no.41488/98, 18 May 2000
Country of applicant: Bulgaria

Applicant complained under Articles 2, 6, 13 and 14 of the Convention in relation to the death of her partner while in police custody.

Date of decision: 18-05-2000
Relevant International and European Legislation: Article 2,Article 3,Article 6,Article 13,Article 14,Article 25,Article 38,Article 41
ECtHR - Loizidou v Turkey, Application no. 15318/89, 18 December 1996
Country of applicant: Cyprus

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.

Date of decision: 18-12-1996
Relevant International and European Legislation: ECHR (Frist Protocol),Council of Europe Instruments,Article 1,Article 3,Article 8,Article 14,Article 25,Article 28,Article 31,Article 32,Article 46,Article 47,Article 49,Art 1
ECtHR - Amuur v. France, Application no 19776/92, 25 June 1996
Country of applicant: Somalia

The Court found that the French authorities had violated Article 5 para 1 of the Convention by holding four Somali nationals in the international zone of the Paris-Orly airport.

Date of decision: 25-06-1996
Relevant International and European Legislation: 1951 Refugee Convention,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 5,Article 6,Article 13,Article 25,Article 32,Article 43,Article 47,Article 50,Art 5.1
ECtHR - Abdulaziz, Cabales and Balkandali v The United Kingdom, Application nos. 9214/80; 9473/81 and 9474/81, 28 May 1985
Country of applicant: Malawi, Philippines, United Kingdom

The ECtHR held that the 1980 UK Immigration Rules breached ECHR Article 14 taken together with Article 8 as they discriminated on the ground of sex against three female applicants settled in the UK who wished to be joined by their spouses. It was easier for men settled in the UK to be joined by a non-national spouse than women but no objective and reasonable justification was found for this difference of treatment.

Date of decision: 28-05-1985
Relevant International and European Legislation: Article 3,Article 8,Article 12,Article 13,Article 14,Article 25,Article 31,Article 32,Article 43,Article 44,Article 46,Article 47,Article 48,Article 50,ECHR (Fourth Protocol)