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ECtHR – M.D. and Others v. Russia, Application nos. 71321/17 and 9 others, 14 September 2021
Country of applicant: Syria

To determine whether there is a violation of Articles 2 and 3 ECHR in the context of expulsion, the Court analyses if the Applicant has presented substantial grounds on (i) whether he faces a real risk of ill-treatment or death in the country of destination, and (ii)whether the national authorities carried out an adequate assessment of the evidence. States have an obligation to analyse the risk ex propio motu when they are aware of facts that could expose an individual to the risk of treatment prohibited by Articles 2 and 3 ECHR.  If the domestic jurisdictions didn’t carry out a proper assessment, the Court analyses the risk on its own on the basis of the parties submissions, international reports and its own findings.

States have an obligation, under Article 5 § 1 ECHR, to act with due diligence and impose a reasonable period of detention pending expulsion. Article 5 § 4 ECHR is breached if detained individuals can’t obtain a revision of their detention before a domestic court. 

Date of decision: 14-09-2021
Relevant International and European Legislation: Art 32,Art 32.1,Article 6,Article 8,1.,1. (a),1. (b),2.,2. (a),2. (b),3.,4.,5.,6.,6. (a),6. (b),Article 2,Article 3,Article 13,Art 5.1 (a),Art 5.1 (b),Art 5.1 (c),Art 5.1 (d),Art 5.1 (e),Art 5.1 (f),Art 5.4
ECtHR – Feilazoo v. Malta, Application no. 6865/19, 11 March 2021
Country of applicant: Nigeria

The conditions of detention amounted to a violation of Article 3, in so far as the applicant remained in isolation, in a container with inadequate natural light and ventilation, for a significant amount of time and without any consideration of alternatives. The applicant’s unnecessary placement in a part of the detention facility that was reserved for Covid-19 quarantine also exposed him to health risk.

The applicant’s detention was not lawful under Article 5 (1) ECHR, as it lasted for fourteen months, the authorities were aware that the deportation was not feasible and failed to pursue the matter with diligence. Article 34 was also violated due to irregularities in the manner that legal aid was provided to the applicant and the lack of confidentiality and support during his communication with the Court while he was in detention.

Date of decision: 11-03-2021
Relevant International and European Legislation: Article 3,Article 5,Article 34,Art 5.1,Art 5.1 (f)
ECtHR - Nur and Others v Ukraine, Application no. 77647/11, 16 July 2020
Country of applicant: Guinea, Somalia

The Court decided that the applicants’ arrest and detention were unlawful under Article 5 of the Convention. The eighth applicant’s complaint under Article 3 that she, a minor at the time, was not provided with adequate care in detention in connection with her pregnancy and the miscarriage she suffered was not accepted by the Court.

Date of decision: 16-07-2020
Relevant International and European Legislation: Article 3,Art 5.1,Art 5.4,Article 8,Article 11,UN Convention on the Rights of the Child
ECtHR, Bilalova and others v. Poland, Application no. 23685/14, 26 March 2020
Country of applicant: Russia (Chechnya)

The detention of children is, in principle, permitted under Article 5 ECHR for the shortest amount of time, in appropriate conditions and facilities, and only after the Government has correctly concluded that less coercive measures are unavailable.

The complaint of the applicants under Article 3 are manifestly unfounded.

Date of decision: 26-03-2020
Relevant International and European Legislation: Article 5,Art 5.1,Art 5.1 (f)
ECtHR – Z.A. and Others v. Russia, Applications nos. 61411/15, 61420/15, 61427/15 and 3028/16, 21 November 2019
Country of applicant: Iraq, Palestinian Territory, Somalia, Syria

Confinement of asylum applicants in an airport transit zone is contrary to Art. 5 § 1 (f) in the absence of any domestic legal basis for the applicants’ deprivation of liberty.

Confinement of asylum seekers left to their own devices in airport transit zones under the control of border authorities, without unimpeded access to shower or cooking facilities, outdoor exercise and medical or social assistance amount to degrading and inhuman conditions under Art. 3 ECHR if protracted for a long time. 

Date of decision: 21-11-2019
Relevant International and European Legislation: Art 33,Art 31,Article 15,5.,6.,Article 3,Article 5,Article 36,Art 5.1,Art 5.1 (f),Article 10,Article 18
ECtHR - Ilias and Ahmed v. Hungary, Application No. 47287/15, 21 November 2019
Country of applicant: Bangladesh

When State Parties do not examine an application for international protection in its mertis based on a safe third country clause, Article 3 still requires that they apply a thorough and comprehensive legal procedure to assess the existence of such risk by looking into updated sources regarding the situation in the receiving third country. Hungary violated Article 3 by failing to conduct an efficient and adequate assessment when applying the safe third country clause for Serbia.

Article 5 cannot be considered as ratione materiae applicable to the Röszke transit zone; the applicants' stay there involved a short waiting time in order for Hungary to verify their right to enter, they had entered on their own initiative and they were free to leave the area in the direction of Serbia. The conditions in the transit zone were not found to breach Article 3 because of the restrictive measure's short duration, the possibility for human contact and the applicants' awareness of the procedure.

Date of decision: 21-11-2019
Relevant International and European Legislation: Recital (38),Recital (39),Recital (43),Recital (44),Recital (45),Recital (46),Recital (47),Recital (48),Article 31,Article 33,Article 35,Article 36,Article 38,Article 39,Article 43,Article 3,Article 5,Article 13,Art 5.1,Art 5.4
ECtHR - Sh.D. and others v. Greece, Austria, Croatia, Hungary, Northern Macedonia, Serbia and Slovenia (no. 141165/16)
Country of applicant: Afghanistan

Conditions in police stations do not justify prolonged detention, while the child’s extreme vulnerability should prevail over irregular status with necessary measures adopted to protect them. Domestic authorities had not done all that could reasonably expected to fulfil their obligation in light of their vulnerability.

The authorities violated Article 5 by automatically applying the protective custody regime, without considering any alternatives to detention or the requirement under EU law to avoid the detention of children.

Date of decision: 13-06-2019
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 3,Article 5,Art 5.1,UN Convention on the Rights of the Child
ECtHR – Haghilo v. Cyprus, Application No. 47920/12, 26 March 2019
Country of applicant: Iran

Detention in police stations, places that by their very nature are designed to accommodate people for very short durations, may amount to degrading and inhuman conditions under Art. 3 ECHR if protracted for a long time.

Detention of a person with a view to deportation is contrary to Art. 5 § 1 (f) if unlawful under the Convention or domestic law. 

Date of decision: 26-03-2019
Relevant International and European Legislation: 5.,6.,Article 3,Article 4,Art 5.1,Art 5.1 (f),Article 10,Article 18
Cyprus - Supreme Court, Application 1/2019, 24 January 2019
Country of applicant: Georgia

Delays in the asylum procedure which cannot be imputed to the asylum seeker, and failure to consider less coercive alternatives when detention exceeds reasonable time limits, render detention unlawful.

Date of decision: 24-01-2019
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,Art 5.1,Art 5.1 (f),EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 8,Article 9
Greece - Administrative Court of First Instance of Kavala, Decision no. 407/2018, 17 December 2018
Country of applicant: Pakistan

The continuation of detention beyond the period of 90 days, while the appeal against the decision rejecting the asylum application was still pending, is a disproportionate measure of deprivation of liberty for the applicant. Alternative measures must be considered.

Date of decision: 17-12-2018
Relevant International and European Legislation: Article 5,Art 5.1,Art 5.1 (f)