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ECtHR - Paposhvili v. Belgium, Application no. 41738/10,13 December 2016
Country of applicant: Georgia
Keywords: Burden of proof, Country of origin information, Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Relevant Documentation, Country of origin, Family unity (right to), Health (right to)

Article 3 ECHR is triggered in cases involving the removal of a seriously ill individual where the absence of appropriate treatment in the receiving country or the lack of access to such treatment, exposes the individual to a serious, rapid and irreversible decline in his or her state of health resulting in intense suffering or to a significant reduction in life expectancy.

Access to sufficient and appropriate medical care must be available in reality, not merely in theory and the impact of removal on an applicant must be assessed by considering how an applicant’s condition would evolve after transfer to the receiving State.

Date of decision: 13-12-2016
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 19,Article 52,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,Article 8,Article 26,Article 34,Article 37,Article 41,Article 43,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 3
ECtHR - R.H. v. Sweden, No. 4601/14, 10 September 2015
Country of applicant: Somalia
Keywords: Actor of persecution or serious harm, Armed conflict, Country of origin information, Credibility assessment, Inhuman or degrading treatment or punishment, Non-state actors/agents of persecution, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Protection, Real risk, Gender Based Persecution, Vulnerable person

In this case, the European Court of Human Rights (ECtHR) revisited the conditions of Mogadishu, Somalia as it relates to an alleged violation of Article 3 of the European Convention of Human Rights (ECHR).

In the specific case, the ECtHR held that:

1) While the general conditions of Mogadisuh remain serious and fragile, objective reports support the finding that such conditions are not sufficient to find a violation of Article 3 of the ECHR; and

2) While the ECtHR acknowledged that the applicant in the present case faces a different threat as a woman and that several objective reports described the serious and widespread sexual and gender-based violence in the country, the Court was concerned with the applicant’s credibility.

Date of decision: 10-09-2015
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 20,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 26,Article 34,Article 35,Article 43,Article 44
ECtHR - Case of Sargsyan v. Azerbaijan, Application no. 40167/06, 16 June 2015
Country of applicant: Armenia
Keywords: Armed conflict, Freedom of movement (right to), Internal armed conflict, Discrimination, Final decision

When due to security reasons an individual cannot be allowed to return to his home where he has lived most of his life, the State has to adopt any other available positive measure to restore his property rights or to provide him with compensation in an appropriate time. Otherwise a violation of both Art. 8 of the Convention and Art. 1 of Protocol No. 1 may occur. 

Date of decision: 16-06-2015
Relevant International and European Legislation: Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 1,Article 8,Article 13,Article 14,Article 26,Article 30,Article 34,Article 35,Article 36,Art 1
ECtHR - W.H. v Sweden, Application no. 49341/10, 8 April 2015
Country of applicant: Iraq
Keywords: Internal protection, Personal circumstances of applicant, Religion, Individual threat, Gender Based Persecution

This case concerned the risk of violation of Article 3 for the proposed deportation to Iraq of a single female who was a member of the Mandaean religious minority.

 In its previous judgment the Court had found that there would be no violation, provided that the applicant was returned to the Kurdistan Region of Iraq.

The case was struck out unanimously by the Grand Chamber pursuant to Article 37 § 1 ECHR given that the applicant had been granted a permanent residence permit in Sweden. 

Date of decision: 08-04-2015
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 8,Art 15,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 26,Article 37
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