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ECtHR Krasniqi v. Austria (no. 41697/12)
Country of applicant: Kosovo
Keywords: Serious non-political crime, Subsidiary Protection, Family unity (right to), Cessation of protection

Every country has the right to control the entry and residence of aliens in its territory. Withdrawal of subsidiary protection from individuals convicted of serious crimes and subsequent expulsion does not violate their right to family life under Article 8, when there are alternative means of communication, non-severed cultural ties with the motherland and a reasonable prospect of return after the entry ban expiry.

 

Date of decision: 25-04-2017
Relevant International and European Legislation: Article 2,Article 3,Article 34,Article 35,Article 38,Article 19
ECtHR - Georgia v Russia, Application no 13255/07, 3 July 2014
Country of applicant: Georgia
Keywords: Effective access to procedures, Detention, Effective remedy (right to), Inhuman or degrading treatment or punishment, Nationality, Discrimination, Return

The ECtHR holds that Russia is in violation of Article 5 ECHR and of Article 4 of Protocol 4 through the implementation of an unlawful administrative practice against a large number of Georgian nationals as a means of identifying them. This led to the arrest, detention and collective expulsion of 4634 Georgians from the Russian Federation and further violations of Articles 3 and 13 of the Convention.

Date of decision: 03-07-2014
Relevant International and European Legislation: 1951 Refugee Convention,ECHR (Frist Protocol),Art 2,European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 4,Article 19,Article 21,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (25),Recital (38),Recital (42),Recital (50),Article 20,Article 25,Article 36,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 13,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,Article 5,Article 8,Article 13,Article 14,Article 18,Article 35,Article 38,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 27,ECHR (Fourth Protocol),Art 4,Art 1
ECtHR - Nolan and K. v Russia, Application no. 2512/04, 12 February 2009
Country of applicant: United States
Keywords: Best interest of the child, Detention, Obligation/Duty to cooperate, Family unity (right to), Religion, Discrimination, Access to the labour market, Family member, Family reunification, Visa

The applicant was expelled from Russia on the basis of his religious activities and separated from his infant son as a result. While Russia attempted to justify this on the ground of national security, the Court held that sufficient evidence was not provided and that Articles 5, 8, 9 and 38 of the Convention and Article 1 of Protocol No. 7 had been violated.

Date of decision: 12-02-2009
Relevant International and European Legislation: Article 5,Article 8,Article 9,Article 10,Article 11,Article 14,Article 18,Article 34,Article 38
ECtHR - Shamayev and Others v Georgia and Russia, Application no.36378/02, 12 October 2005
Country of applicant: Georgia, Russia, Russia (Chechnya)
Keywords: Effective access to procedures, Detention, Effective remedy (right to), Inhuman or degrading treatment or punishment, Return

Thirteen applicants from Georgia and Russia (of Chechen origin) alleged that their extradition to Russia, where capital punishment was not abolished, exposed them to the risk of death, torture or ill-treatment contrary to Articles 2 and 3 of the Convention. The applicants also alleged that they had been subject to violence and ill-treatment by fifteen members of the Georgian Ministry of Justice’s special forces in Tbilisi Prison no.5., on the night of 3 and 4 October 2002. Their legal representatives asserted that Mr Aziev, one of the extradited applicants, had died as a result of ill-treatment inflicted on him. The applicants also complained of violations of Article 2 and 3, Article 5 §§ 1, 2 and 4, Article 13 in conjunction with articles 2 and 3, Article 34, Articles 2, 3 and 6 §§ 1,2 and 3 and Article 38 § 1 of the Convention. 

Date of decision: 12-04-2005
Relevant International and European Legislation: Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,Article 5,Article 6,Article 13,Article 32,Article 34,Article 35,Article 38,Article 41,ECHR (Fourth Protocol),Art 4
ECtHR - Velikova v. Bulgaria , Application no.41488/98, 18 May 2000
Country of applicant: Bulgaria
Keywords: Delay, Effective remedy (right to), Persecution (acts of), Health (right to)

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