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ECtHR, Y.F.C. and Others v. The Netherlands, Application no. 21325/19, 21 April 2026
Country of applicant: Venezuela

The case concerns seven Venezuelan nationals who arrived in Curaçao in April 2019 and were placed in immigration detention following refusal of entry and removal orders. The Court found a violation of Article 3 ECHR in relation to the use of force during their detention, the absence of an effective and independent investigation and the lack of justification for the use of rubber bullets against applicants in custody. It further found a violation of Article 5 § 4 ECHR, due to the lack of access to a speedy judicial review of the lawfulness of their detention, particularly due to the lack of accessible remedies, language barriers, and absence of effective legal assistance. 

Date of decision: 21-04-2026
Relevant International and European Legislation: Art 32,Art 33.1,Article 6,Article 8,Article 9,Article 12,Article 26,Article 31,Article 12,Article 13,1.,1. (a),1. (b),2.,2. (a),2. (b),3.,4.,5.,6.,6. (a),6. (b),Art 33.2,Article 3,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 5.2,Art 5.4,Article 8,Article 9,Article 10,Article 21,Art 4
ECtHR - A.R.E. v. Greece, Application No. 15783/21, 07/01/2025
Country of applicant: Turkey

Regarding the return of a Turkish applicant from Greece to Türkiye, her account constituted a prima facie case of refoulement, shifting the burden of proof to the Greek Government after evidentiary standards from secret detention cases were applied. The return of the applicant without any individual assessment or access to remedies, despite her asylum request and risk of ill-treatment due to alleged links to opposition movements in Türkiye, amounts to a violation of Articles 3 and 13 ECHR.

The applicant’s unregistered detention at a border guard station, without legal basis, information on the reasons for her arrest, or access to judicial review, as part of a broader Greek pattern of unlawful returns, amounts to a violation of Article 5(1), (2) and (4) ECHR. Although the applicant failed to prove a real risk to life or inhuman or degrading treatment during her removal process – where she travelled by an inflatable boat with other migrants –, the absence of an effective remedy to challenge such risks amounts to a violation of Article 13 ECHR.

Date of decision: 07-01-2025
Relevant International and European Legislation: Article 4,Article 18,Art 19.1,Art 19.2,Article 47,Article 6,Article 8,Article 9,Article 46,Article 5,Article 6,Article 13,Article 2,Article 3,Article 13,Article 19,Article 34,Article 35,Article 41,Article 44,Article 45,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 5.2,Art 5.3,Art 5.4,Art 5.5,Article 4,Article 9,Article 13,Article 8,Article 9
ECtHR - B.Ü. v. the Czech Republic, Application No. 9264/15, 06/10/2022
Country of applicant: Turkey

Complaint under Article 3 ECHR concerning the conditions of detention of a Turkish national in the Czech Bělá-Jezová detention centre declared inadmissible for non-exhaustion of domestic remedies. Failure to conduct an independent, thorough and victim-accessible investigation into allegations of police ill-treatment at Prague Airport amounts to a violation of the procedural aspect of Article 3 ECHR. Alleged ill-treatment by police officers does not amount to a violation of the substantive aspect of Article 3 ECHR, as the ECtHR cannot establish beyond reasonable doubt that the force used, including pepper spray, was excessive.

Date of decision: 06-10-2022
Relevant International and European Legislation: Article 1,Article 4,Article 18,Art 19.2,Article 35,Article 47,Article 6,Article 8,Article 12,Article 13,Article 14,Article 24,Article 26,Article 46,Article 5,Article 6,Article 8,Article 9,1.,1. (a),1. (b),2.,2. (a),2. (b),3.,4.,5.,6.,6. (a),6. (b),1.,2.,3.,4.,5.,Article 3,Article 13,Article 14,Article 34,Article 35,Article 41,Article 44,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 5.2,Art 5.3,Art 5.4,Art 5.5,Art 8.1,Art 8.2,Article 3,Article 18,Article 28,Article 8,Article 9,Article 10,Article 11,Article 19,Article 21,Article 22
United Kingdom - MA and HT v. Secretary OF State For The Home Department, Case No. CO/428/2021; CO/524/2021, England and Wales High Court, 19 January 2022
Country of applicant: Iran, Kuwait

Detention beyond the period for which an individual would otherwise need to be detained pursuant to Schedule 2 § 16(1) for the purpose of an age assessment that will or doesn’t comply with applicable legal standards would be unlawful. Also, both common law and section 55 of the BCIA 2009 require a fair and careful process involving appropriate safeguards, which the Guidance doesn’t provide and is also inconsistent with the Secretary of State for the Home Department (SSHD) pre-existing polices.

Date of decision: 19-01-2022
Relevant International and European Legislation: 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 5.2,Art 5.3,Art 5.4,Art 5.5,UN Convention on the Rights of the Child
Netherlands - Council of State, Administrative Jurisdiction Division, Case No. 201810377/2/V3, 12/01/2022
Country of applicant: Unknown

In a case concerning a foreign national who had a valid refugee status in Germany, the Dutch Secretary of State ordered them to leave the country and placed her in detention in view of returning her to Germany. The Council of State found that the first instance Court wrongfully declared that Article 59(2) of the Aliens Act of 2000 provided no basis for detaining the foreign national.

Date of decision: 12-01-2022
Relevant International and European Legislation: Article 3,Article 6,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 5.2,Art 5.3,Art 5.4,Art 5.5
ECtHR - Khlaifia and Others v. Italy (GC), no. 16483/12, 15 December 2016
Country of applicant: Tunisia

The applicants’ detention under Article 5 (1) was arbitrary and did not ensure the principle of legal certainty; lack of information was contrary to Article 5 (2) and impaired their ability to challenge the detention decisions in violation of 5 (4). The conditions at the reception centre and the boats did not amount to a violation of Article 3, as the applicants’ stay was very short and there were not sufficient indications.

There was no violation of Article 4 Protocol 4, as the applicants have had a genuine and effective possibility during the entire procedure to raise concerns regarding obstacles to their return to Tunisia; there was similarly no violation of Article 4 Protocol 4 in conjunction with Article 13, since the applicants’ complain would solely relate on the collective nature of their expulsion and not to any real risk of treatment contrary to Article 2 & 3 in Tunisia.

Date of decision: 15-12-2016
Relevant International and European Legislation: Article 3,Article 13,Art 5.1,Art 5.1 (f),Art 5.2,Art 5.4,Art 4
UK - Esmaiel Mohammed Pour (1), Seid Jafar Hasini Hersari (2), Majid Ghulami (3) v The Secretary of State for the Home Department
Country of applicant: Iran

The case concerns three unconnected Iranian nationals who unsuccessfully claimed asylum in the Republic of Cyprus then came to the UK where they made asylum claims.  A further right to appeal remained with the Cypriot Supreme Court.  The case is a challenge by the applicants to the SSHD’s refusal to decide their asylum claims substantively; certification of their asylum claims on safe third country grounds; and certification of their human rights claims as clearly unfounded.

The Court concluded that there was no real risk that the applicants, if returned to Iran from Cyprus, would be refouled there and the inclusion of Cyprus on the list of safe third countries involves no incompatibility with the ECHR.  The Court was wholly unpersuaded that there was any flagrant breach of Article 5 in Cyprus for Dublin returnees who have had a final decision on their claim.

Date of decision: 01-03-2016
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 39,Art 25,Art 15,Art 18,Art 32,Art 34,Art 39.1 (c),EN - Charter of Fundamental Rights of the European Union,Article 4,Article 6,Article 19,Art 19.2,Article 47,Article 52,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 20,Article 21,Article 33,Article 40,Article 46,Art 15.2,Art 15.3 (b),Art 15.3 (d),Art 39.3,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 13,Article 15,2.,Art 52.3,Article 2,Article 3,Article 4,Article 5,Article 6,Article 13,Art 5.1,Art 5.2,Art 5.3,Art 5.4,Art 5.5,Art 6.3,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 23,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 8,Article 9
CJEU - C‑601/15 PPU, J. N. v Staatssecretaris van Veiligheid en Justitie
Country of applicant: Unknown
Keywords: Detention, Return

Article 8(3)(e) of the recast Reception Conditions Directive fulfils the requirements of proportionality by virtue of the strictly circumscribed framework regulating its use. In light of Article 52(3) of the Charter, Article 8(3)(e) therefore complies with Article 5(1)(f) of the ECHR.

Date of decision: 15-02-2016
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 6,Article 52,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (4),Article 3,Article 7,Article 8,Article 11,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,Art 5.1,Art 5.1 (f),Art 5.2,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Recital (15),Recital (16),Recital (17),Recital (18),Recital (20),Recital (35),Article 2,Article 8,Article 9
ECtHR – E.A. v. Greece, Application No. 74308/10, 30 July 2015
Country of applicant: Iran

The applicant, an Iranian national, had fled Iran in light of the risks he faced there as a political dissident, and had been detained in Greece with a view to being expelled to Iran. The Court held that the Greek authorities had violated Articles 3 concerning his conditions of detention, 3 and 13 combined because of the lack of an effective remedy to complain about these conditions, the failings of the asylum procedure and the risk of being sent back to Iran, and 5(4) with respect to the inefficient judicial review of the detention.

Date of decision: 30-07-2015
Relevant International and European Legislation: Article 3,Article 5,Article 13,Article 34,Article 35,Article 41,Art 5.1,Art 5.2,Art 5.4
ECtHR - H.S. and Others v. Cyprus (Application no. 41753/10), 21 July 2015
Country of applicant: Syria

The case follows on from litigation presented in M.A. v Cyprus and focuses in on the legal grounds for detention in Cyprus for an applicant who is subject to removal as well as an individual’s right to speedy judicial review of the lawfulness of detention. 

Date of decision: 21-07-2015
Relevant International and European Legislation: EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 5,Article 13,Art 5.1,Art 5.2,Art 5.4,ECHR (Fourth Protocol),Art 4