Case summaries
The case considered an application against the decision of the Secretary of State refusing to consider the merits of the Claimants’ contentions for asylum, on the basis that Hungary was considered to be a “safe” country that would presumably comply with its EU and international legal obligations. The Claimants argued that they would be at risk of refoulement to Iran if removed to Hungary, in breach of their rights under Article 3 of the European Convention on Human Rights (ECHR). The Claimants further argued that along the way, they would be at risk of detention in conditions and circumstances amounting to an unlawful violation of their fundamental right to freedom and liberty under Article 5(1)(f) ECHR. The court held that removal of the Claimants to Hungary gives rise to a real risk of chain refoulement to Iran. However, there was insufficient evidence to make out breach of Article 5 ECHR.
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.