Ukraine

25 November 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Resolutions/Recommendations/Declarations

The Court found violations of articles 3, 5§1, and 5§5, when the applicant was kept in a cell measuring only 1.4 meters in pre-trial detention, placed in a metal cage during appellate proceedings, was not released immediately despite being granted refugee status in Sweden, and when the applicant had no available compensation under domestic law.

18 March 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Immigration Detention - Prison or detention conditions | Countries: Ukraine - Uzbekistan

For these reasons, the court, unanimously: Decides to join the applications; Declares inadmissible: (i) the first and eighth applicants’ complaints that their detention under the domestic court’s detention orders did not comply with Article 5 § 1 of the Convention and (ii) the sixth, seventh and ninth applicants’ complaints that their detention under the domestic court’s detention orders prior to 10 August, 5 November and 22 May 2012 respectively did not comply with Article 5 § 1 of the Convention; Declares the remainder of the applications admissible; Holds that there has been a violation of Article 5 § 1 of the Convention in respect of second to ninth applicants, on account of lack of records of their arrest and detention prior to the issuance of detention orders in respect of them; Holds that there has been a violation of Article 5 § 1 of the Convention in respect of the second to fifth applicants on account of their detention under the domestic court’s detention orders in the absence of a decision ordering their expulsion; Holds that there has been a violation of Article 5 § 1 of the Convention in respect of the sixth applicant on account of his detention from 10 August to 17 October 2012, in respect of the seventh applicant on account of his detention from 5 to 23 November and in respect of the ninth applicant on account of his detention from 22 May to 17 October 2012; Holds that there has been a violation of Article 5 § 4 of the Convention in respect of the first and the sixth to ninth applicants.

18 June 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Asylum-seekers - Immigration Detention | Countries: Somalia - Ukraine

The applicant complained that the Slovakian authorities, having arrested him after he had crossed from Ukraine, had failed to inform him of the reasons for his arrest, in violation of Article 5 § 2 of the Convention. They had then returned him to Ukraine, where he had been detained in inadequate conditions in disregard of his alleged status as a minor, in breach of Article 3. He had been unable to participate effectively in the proceedings concerning his detention, and had eventually been returned to Afghanistan in the absence of an adequate assessment of the risks he had faced there, in breach of Article 3, Article 5 §§ 1, 2 and 4, and Article 13 of the Convention. Lastly, he alleged, under Article 34, that an NGO representative had been denied access to him in Ukraine, preventing him from lodging an application for an interim measure with the Court.

11 June 2020 | 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): Children's rights - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Legal representation / Legal aid - Rejected asylum-seekers | Countries: Afghanistan - Slovakia - Ukraine

30 March 2015 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

29 July 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Immigration law - Rule of law / Due process / Procedural fairness | Countries: Cyprus

The judgment became final on 18 May 2010.

18 February 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Extradition - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Pre-trial detention - Right to liberty and security | Countries: Belarus - Ukraine

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

18 December 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Extradition - Immigration Detention - Right to liberty and security | Countries: Belarus - Ukraine