Case summaries
ECtHR - Diallo v Czech Republic, Application No. 20493/07
Country of applicant:
Guinea
This case concerned access to an effective remedy in the context of expulsion proceedings from the Czech Republic. It deals with access to an effective remedy and the reliance on Art. 13 ECHR for arguable claims under Article 3 ECHR on the basis that the Appellants would be ill-treated if returned to Guinea. The Court held that there was a violation of Article 13 of the Convention in conjunction with Article 3.
Date of decision:
28-11-2011
Relevant International and European Legislation:
EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,Article 13,Article 34,Article 35,Article 37
ECtHR - Rantsev v. Cyprus and Russia, Application no. 25965/04, 10 October 2010
Country of applicant:
Russia
Trafficking in human beings falls under the prohibition of Art. 4 of the Convention. Consequently, state parties have the positive obligation:
- to adopt an adequate and comprehensive legal framework to combat this criminal offence;
- to undertake protective measures whenever the authorities are aware or ought to have been aware of a serious risk of a person being subject to trafficking;
- and to appropriately investigate situations of potential trafficking.
Date of decision:
10-10-2010
Relevant International and European Legislation:
EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,Article 5,Article 6,Article 8,Article 34,Article 35,Article 37
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