Case Law

The Court found in particular that Article 5 was applicable to the applicants’ case as their presence in the transit zone had not been voluntary; they had been left to their own devices for the entire period of their stay, which had lasted between five and 19 months depending on the applicant; there had been no realistic prospect of them being able to leave the zone; and the authorities had not adhered to the domestic legislation on the reception of asylum-seekers. Given the absence of a legal basis for their being confined to the transit zone, a situation made worse by them being impeded in accessing the asylum system, the Court concluded that there had been a violation of the applicants’ rights protected by Article 5 § 1. The conditions the applicants had lived in had also been appalling: they had had to sleep in the transit zone, a busy and constantly lit area, with no access to washing or cooking facilities. There had thus also been a breach of Article 3 as their treatment had been degrading.

21 November 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Airports - Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security - Transit | Countries: Iraq - Palestine, State of - Russian Federation - Somalia - Syrian Arab Republic

21 April 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Greece - Iraq

Admissibility application.

2 July 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Changes of circumstances in home country - Country of origin information (COI) - Criminal justice - Expulsion - Freedom from torture, inhuman and degrading treatment - Kurd - Persecution based on political opinion - Racial / Ethnic persecution - Rejected asylum-seekers - Right to life | Countries: Iraq - Norway

Cet arrêt deviendra définitif dans les conditions définies à l'article 44 § 2 de la Convention. Il peut subir des retouches de forme.

14 February 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Rule of law / Due process / Procedural fairness | Countries: Iraq - Romania

This judgment is final but may be subject to editorial revision. The Grand Chamber affirmed the judgment of the Fourth Section delivered on 11 July 2006. UNHCR submitted an intervention in this case.

29 January 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Immigration Detention - Right to liberty and security - Rule of law / Due process / Procedural fairness - Temporary admission | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

This judgment is final but may be subject to editorial revision. The Grand Chamber affirmed the judgment of the Fourth Section delivered on 11 July 2006.

29 January 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Immigration Detention - Right to liberty and security - Rule of law / Due process / Procedural fairness - Temporary admission | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

This case was referred to the Grand Chamber, which delivered judgment on 29 January 2008. This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

11 July 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Illegal entry - Immigration Detention - Pre-trial detention - Refugee status determination (RSD) / Asylum procedures | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland