Legal Information

From the press release (attached): The Court held that the presumption of equivalent protection applied in Mr Moldovan’s case in so far as the two conditions for its application, namely the absence of any margin of manoeuvre on the part of the national authorities and the deployment of the full potential of the supervisory mechanism provided for by European Union (EU) law, were met. The Court therefore confined itself to ascertaining whether or not the protection of the rights guaranteed by the Convention had been manifestly deficient in the present case, such that this presumption was rebutted. To that end it sought to determine whether there had been a sufficiently solid factual basis requiring the executing judicial authority to find that execution of the EAW would entail a real and individual risk to the applicant of being subjected to treatment contrary to Article 3 on account of his conditions of detention in Romania. In Mr. Bivolaru's case: The Court considered that the executing judicial authority, following a full and in-depth examination of the applicant’s individual situation which demonstrated that it had taken account of his refugee status, had not had a sufficiently solid factual basis to establish the existence of a real risk of a breach of Article 3 of the Convention and to refuse execution of the EAW on that ground. The Court also considered that the description of conditions of detention in Romanian prisons provided by the applicant to the executing judicial authority in support of his request not to execute the EAW had not been sufficiently detailed or substantiated to constitute prima facie evidence of a real risk of treatment contrary to Article 3 in the event of his surrender to the Romanian authorities. In the Court’s view, the executing judicial authority had not been obliged to request additional information from the Romanian authorities. Accordingly, it held that there had not been a solid factual basis for the executing judicial authority to establish the existence of a real risk of a breach of Article 3 of the Convention and to refuse execution of the EAW on those grounds.

25 March 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment | Countries: France - Romania

violations of Article 3: failure to effectively investigate allegations and because of its complicity in the CIA’s actions that had led to ill-treatment; violations of Article 5 (right to liberty and security), Article 8 (right to respect for private life), and Article 13 (right to an effective remedy) in conjunction with Articles 3, 5 and 8, violations of Article 6 § 1 (right to a fair trial within a reasonable time), and Articles 2 (right to life) and 3 taken together with Article 1 of Protocol No. 6 (abolition of the death penalty) because Romania had assisted in Mr Al Nashiri’s transfer from its territory in spite of a real risk that he could face a flagrant denial of justice and the death penalty.

31 May 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 - Freedom from torture, inhuman and degrading treatment - Jurisdiction | Countries: Romania - Saudi Arabia - United States of America

12 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Children-at-risk - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions | Countries: France - Romania

January 2016 | Publisher: Council of Europe: European Committee of Social Rights | Document type: Decisions

4 August 2015 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Document type: Case Law | Topic(s): Access to procedures - Burden-sharing and international co-operation - Regional instruments | Countries: Belgium - Germany - Romania - Syrian Arab Republic

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

10 February 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Romania - Türkiye

May 2014 | Publisher: Center for Gender & Refugee Studies | Document type: Legal Articles/Analyses/Commentaries

November 2013 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Legal Articles/Analyses/Commentaries

5 June 2013 | Publisher: Jesuit Refugee Service | Document type: Legal Articles/Analyses/Commentaries