Sri Lanka

Non-violation de l'article 5 - Droit à la liberté et à la sûreté (Article 5-1 - Arrestation ou détention régulières)

6 November 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Right to liberty and security | Countries: Belgium - Sri Lanka

26 January 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Physical harm - Political asylum - Prison or detention conditions - Tamil | Countries: Sri Lanka - Switzerland

asylum seekers’ detention is arbitrary and contrary to their right to liberty if the State fails to demonstrate on an individual basis that their continuous indefinite detention is justified, and that other, less intrusive, measures could not achieve the same end of compliance with the State’s need to respond to security concerns. In addition, the HRC considers that the combination of the arbitrary character and indefinite nature of the authors’ protracted detention, the absence of procedural guarantees to challenge the detention and the difficult conditions of detention, cumulatively inflict serious psychological harm that amount to “cruel, inhuman or degrading treatment” under the ICCPR.

2 May 2016 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention | Countries: Afghanistan - Australia - Iran, Islamic Republic of - Sri Lanka

7 August 2015 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - International Covenant on Civil and Political Rights (ICCPR) - Right to liberty and security - Right to life | Countries: Canada - Sri Lanka

28 May 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | Topic(s): 1951 Refugee Convention - Abduction - Arbitrary arrest and detention - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Threats / Intimidation - Well-founded fear of persecution | Countries: New Zealand - Sri Lanka

1 May 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | Topic(s): 1951 Refugee Convention - Arbitrary arrest and detention - Convention against Torture (CAT) - International Covenant on Civil and Political Rights (ICCPR) - Persecution based on political opinion - Threats / Intimidation - Well-founded fear of persecution | Countries: New Zealand - Sri Lanka

24 October 2014 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Immigration Detention | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

15 April 2011 | Judicial Body: Australia: Federal Court | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Mental health | Countries: Australia - Sri Lanka

1 April 2011 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Abduction - Arbitrary arrest and detention - Armed groups / Militias / Paramilitary forces / Resistance movements - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Persecution of family members - Safe third country | Countries: Australia - Sri Lanka

On appeal from the Asylum and Immigration Tribunal.

9 February 2011 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Armed groups / Militias / Paramilitary forces / Resistance movements - Persecution based on political opinion - Tamil | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland