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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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CASE OF T.Z. AND OTHERS v. POLAND (Application no. 41764/17)

The present case concerns numerous refusals of the Polish authorities to examine the applicants’ requests for international protection, their denied entry to Poland and return to Belarus

13 October 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Entry / Exit - Expulsion - Freedom from torture, inhuman and degrading treatment | Countries: Belarus - Poland - Russian Federation

Case of A.B. and Others v. Poland (Application no. 42907/17)

The present case concerns refusal of border guards to receive the applicants’ asylum applications and summary removal to a third country, with a risk of refoulement to and ill-treatment in the country origin.

30 June 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Rejection at border | Countries: Belarus - Poland - Russian Federation

Case of A.I. and Others v. Poland (Application no. 39028/17)

The present case concerns refusal of border guards to receive the applicants’ asylum applications and summary removal to a third country, with a risk of refoulement to and ill-treatment in the country origin.

30 June 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Rejection at border | Countries: Belarus - Poland - Russian Federation

CASE OF M.K. AND OTHERS v. POLAND (Applications nos. 40503/17, 42902/17 and 43643/17)

The applicants alleged that the Polish authorities had repeatedly denied them the possibility of lodging an application for international protection, in breach of Article 3 of the Convention. They also invoked Article 4 of Protocol No. 4 to the Convention, alleging that their situation had not been reviewed individually and that they were victims of a general policy that was followed by the Polish authorities with the aim of reducing the number of asylum applications registered in Poland. The applicants stated that, under Article 13 in conjunction with Article 3 of the Convention and Article 4 of Protocol No. 4 to the Convention, lodging an appeal against a decision denying someone entry into Poland did not constitute an effective remedy as it would not be examined quickly enough, would have no suspensive effect and would not be examined by an independent body. Moreover, the applicants complained that the Polish authorities had not complied with the interim measures granted to them by the Court, in breach of Article 34 of the Convention.

23 July 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 - Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment | Countries: Belarus - Poland - Russian Federation

K.A. v. Belarus

25 November 2016 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Freedom of assembly and association | Countries: Belarus

Anatoly Poplavny and Leonid Sudalenko v. Belarus

24 November 2016 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Effective remedy - Freedom of assembly and association - Freedom of expression | Countries: Belarus

Taras Surgan v. Belarus

19 November 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Exhaustion of domestic remedies - Freedom of assembly and association - Freedom of expression | Countries: Belarus

Viktor Timoshenko v. Belarus

25 September 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Arbitrary arrest and detention - International Covenant on Civil and Political Rights (ICCPR) | Countries: Belarus

Andrei Burdyko v. Belarus

25 September 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Death penalty - Freedom from torture, inhuman and degrading treatment - Independence of judiciary - Rule of law / Due process / Procedural fairness | Countries: Belarus

Svetlana Mikhalchenko v. Belarus

21 September 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Exhaustion of domestic remedies - Freedom of expression - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Belarus

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