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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 - Öcalan v Turkey, Application no. 46221/99, 12 March 2003
Country of applicant: Turkey
Keywords: Effective access to procedures, Detention, Effective remedy (right to), Exclusion from protection, Legal assistance / Legal representation / Legal aid, Terrorism, Well-founded fear, Political Opinion, Death penalty / Execution

The applicant was the leader of the PKK and the most wanted person in Turkey. He was arrested and sentenced to the death penalty. Breaches of Articles 3, 5 and 6 were found with regard to his detention, the imposition of the death penalty and his rights as the defence to a fair trial.

Date of decision: 12-03-2003
Relevant International and European Legislation: ECHR (Sixth Protocol),ECHR (Thirteenth Protocol),Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 1,Article 2,Article 3,Article 5,Article 6,Article 7,Article 8,Article 9,Article 10,Article 13,Article 14,Article 18,Article 27,Article 30,Article 34
ECtHR - K.K.C. v. the Netherlands, Application No. 58964/00, 21 December 2001
Country of applicant: Russia
Keywords: Country of origin information, Inhuman or degrading treatment or punishment, Persecution Grounds/Reasons, Refugee Status, Real risk

The present case, which ended in a friendly settlement between the parties, concerned the allegations of a Russian national that he would be exposed to ill-treatment if expelled to Russia.

Date of decision: 21-12-2001
Relevant International and European Legislation: Article 34,Article 36,Article 37,Article 39
ECtHR - Vedran Andric v. Sweden, Application no. 45917/99, 23 February 1999, decision as to the inadmissibility
Country of applicant: Bosnia and Herzegovina, Croatia
Keywords: Personal circumstances of applicant, Inadmissible application, Race, Political Opinion

The application of a Bosnian Croat concerning the collective expulsions from Croatia to Bosnia-Hercegovina is found to be manifestly ill-founded and thus the application is inadmissible. 

Date of decision: 23-02-1999
Relevant International and European Legislation: Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 34,Article 35,ECHR (Fourth Protocol),Art 4