Case Law

The Court had therefore to examine whether any effective guarantees existed that protected the applicants against arbitrary refoulement by the Bulgarian authorities to China, be it direct or indirect. No destination country had been indicated in the initial decisions for the applicants’ repatriation or in the expulsion decisions. According to the Supreme Administrative Court, the determination of such a country and the assessment of any risk the applicants would face if returned to China fell to be carried out in the process of implementation of the expulsion decisions. However, such an approach offered no guarantees that the Bulgarian authorities would examine with the necessary rigour the question of the risk the applicants would face if returned to the country they had fled. It was unclear by reference to what standards and on the basis of what information the authorities would determine, if at all, the relevant risk. Lastly, there was no indication as to whether, if the authorities chose to send the applicants to a third country, they would properly examine whether they would in turn be sent from there to China without due consideration for the risk of ill‑treatment and even death. In sum, there were no effective guarantees, in the process of implementation of the repatriation or the expulsion decisions against the applicants, that they would not be sent back to China.

20 February 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Expulsion - Freedom from torture, inhuman and degrading treatment - Uighur | Countries: Bulgaria - China

12 February 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Expulsion - Right to family life - Statelessness | Countries: Bulgaria

The judgment became final on 11 May 2010.

11 February 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Effective remedy - Expulsion - Immigration Detention - National security / Public order - Right to family life - Right to liberty and security | Countries: Bulgaria - Pakistan

23 June 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Crime prevention - Expulsion - Pre-trial detention - Residence permits / Residency | Countries: Austria - Bulgaria

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

24 April 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Right to family life | Countries: Bulgaria

22 March 2007 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Crime prevention - Expulsion - Pre-trial detention - Residence permits / Residency | Countries: Austria - Bulgaria

29 June 1999 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Expulsion - Persecution based on political opinion - Right to family life - Rights of non-citizens - Statelessness | Countries: Bulgaria - Sweden