Case Law

The Court applied the relevant general principles established in its jurisprudence in the case of F.G. v. Sweden (no. 43611/11) and in the context of removals from Russia to Central Asian States in Mamazhonov v. Russia (no. 17239/13): a) When examining the existence of substantial grounds for believing that the applicant faces a real risk of ill-treatment, the Court recalled that individuals whose extradition was sought by the Uzbek authorities on charges of religiously or politically motivated crimes constituted vulnerable groups facing a real risk of treatment contrary to Article 3 of the Convention in the event of their removal to Uzbekistan. The Court found that the applicant was accused of religiously motivated crimes on the basis of documents from the Uzbek authorities. It further considered that the Russian authorities had at their disposal sufficiently substantiated complaints pointing to a real risk of ill-treatment (§15-18). b) With respect to the duty to assess claims of a real risk of ill-treatment through reliance on sufficient relevant material, the Court concluded that the Russian authorities failed to assess the applicant’s claim adequately. The Court paid particular attention to the fact that domestic authorities did not carry out a rigorous scrutiny of the applicant’s and to the national courts’ simplistic rejections of the applicant’s claims (§19-21). c) On the existence of a real risk of ill-treatment or danger to life in their countries of origin, the Court reiterated that it has consistently concluded that the removal of an applicant charged with religiously motivated crimes in Uzbekistan exposes that applicant to a real risk of ill-treatment there (see for example: T.M. and Others v. Russia, no. 31189/15) (§22-23).

3 December 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Freedom from torture, inhuman and degrading treatment | Countries: Kazakhstan - Russian Federation - Uzbekistan

5 June 2018 | 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 - Deportation / Forcible return - Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions | Countries: Kazakhstan - Türkiye

5 June 2018 | 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 - Effective remedy - Freedom from torture, inhuman and degrading treatment | Countries: Kazakhstan - Türkiye

15 March 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): HIV and AIDS - Right to family life | Countries: Kazakhstan - Moldova, Republic of - Russian Federation - Ukraine - Uzbekistan

12 February 2015 | Judicial Body: Spain: Tribunal Supremo | Topic(s): Freedom from torture, inhuman and degrading treatment - National security / Public order - Persecution based on political opinion - Terrorism | Countries: Kazakhstan - Spain

The Court of Cassation, echoing the jurisprudence of the Constitutional Court, confirmed the discriminatory nature of the legislation due to the absence of an automatic right of residence for stateless persons, as soon as the applicant has involuntarily lost his nationality and demonstrated that he/she cannot obtain a legal and permanent residence permit in another State with which he/she would have links.

5 November 2012 | Judicial Body: Belgium: Cour de cassation | Topic(s): Access to procedures - Discrimination based on race, nationality, ethnicity - Economic, social and cultural rights - Equality before the law - Residence permits / Residency - Statelessness | Countries: Belgium - Kazakhstan

5 November 2012 | Judicial Body: Belgium: Cour de cassation | Topic(s): Access to procedures - Economic, social and cultural rights - Equality before the law - Residence permits / Residency - Statelessness | Countries: Belgium - Kazakhstan

19 January 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Children's rights - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Right to family life | Countries: France - Kazakhstan

This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.

11 October 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Extradition - Freedom from torture, inhuman and degrading treatment | Countries: Kazakhstan - Russian Federation

13 July 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Christian - Country of origin information (COI) - Koreans - Mental health - Persecution based on political opinion - Racial / Ethnic persecution - Religious persecution (including forced conversion) | Countries: Australia - Kazakhstan