Administration of justice / Access to procedures

The applicants alleged that their expulsion to Ukraine had been collective in nature and that they had not had an effective remedy in respect of it. In particular, they alleged that the State authorities had not carried out an individual assessment and examination of their cases and had denied them access to the asylum procedure.

24 March 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Expulsion | Countries: Afghanistan - Slovakia

The case concerned the conditions of detention of Syrian, Afghan and Palestinian nationals in the “hotspots” of Vial and Souda (Greece), and the lawfulness of their detention in those camps. The Court considered that the authorities had done all that could reasonably be expected of them in the Vial camp to meet the obligation to provide care and protection to unaccompanied minors. The other applicants had been transferred immediately – or within ten days – from the Vial camp to the Souda camp. The Court also held that the conditions of detention in the Souda camp did not amount to inhuman or degrading treatment. The Court reiterated its previous finding that a period of one month’s detention in the Vial camp should not be considered excessive, given the time needed to comply with the relevant administrative formalities. In addition, the length of the applicants’ detention once they had expressed their wish to apply for asylum had been relatively short. In contrast, the applicants, who did not have legal assistance, had not been able to understand the content of the information brochure; in particular, they were unable to understand the material relating to the various appeal possibilities available under domestic law.

3 October 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Legal representation / Legal aid - Right to liberty and security | Countries: Afghanistan - Greece - Palestine, State of - Syrian Arab Republic

24 March 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Illegal entry | Countries: Afghanistan - Greece

10 February 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Expulsion - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Terrorism | Countries: Afghanistan - Romania

See further Committee of Minister (CM) decisions of September 2016 and June 2017 available at: http://hudoc.exec.coe.int/eng?i=CM/Del/Dec(2016)1265/H46-16 ; http://hudoc.exec.coe.int/eng?i=CM/Del/Dec(2017)1288/H46-17E) and Italian authorities submission of Sept. 2017 ( available at: http://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168075968c); the Communication by Italian Government Action plan (https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168091f978 ); and the decision by the Committee of Ministers of 5 March 2020 (available at: https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016809cc879)

21 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Refoulement - Rescue at sea / Interception at sea | Countries: Afghanistan - Eritrea - Greece - Italy - Sudan

28 May 2014 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Access to procedures - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - Austria

9 October 2013 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Access to procedures - Immigration Detention - Non-refoulement - Prison or detention conditions - Regional instruments | Countries: Afghanistan - Austria - Hungary - Switzerland

This judgment is final but may be subject to editorial revision.

21 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Non-refoulement - Reception - Safe third country - Single procedure | Countries: Afghanistan - Belgium - Greece

Heard at Columbus House, Newport, on 7 September 2010.

20 October 2010 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Access to procedures - Administrative courts - Appeal / Right to appeal - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

9 July 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Access to procedures - Appeal / Right to appeal - Criminal justice - Exhaustion of domestic remedies | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland