Case Law

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 | 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

The applicants alleged that their expulsion to Ukraine had been collective in nature and that they had not had an effective remedy in respect of it. In particular, they alleged that the State authorities had not carried out an individual assessment and examination of their cases and had denied them access to the asylum procedure.

24 March 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 - Expulsion | Countries: Afghanistan - Slovakia

29 June 2015 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): 1951 Refugee Convention - Convention against Torture (CAT) - Discrimination based on race, nationality, ethnicity - Generalized violence - International Covenant on Civil and Political Rights (ICCPR) - Non-state agents of persecution - Physical harm - Roma - Threats / Intimidation - Well-founded fear of persecution | Countries: Czech Republic - New Zealand - Slovakia

28 January 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Immigration Detention - Regional instruments - Right to liberty and security | Countries: Russian Federation - Slovakia

13 November 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Forced sterilization / Abortion - Freedom from torture, inhuman and degrading treatment - Right to family life - Roma | Countries: Slovakia

15 May 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Extradition - National security / Public order - Terrorism | Countries: Algeria - Slovakia

30 November 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Domestic violence - Effective protection - Right to family life - State protection | Countries: Slovakia

18 May 2010 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Country of origin information (COI) - Discrimination based on race, nationality, ethnicity - Hungarians - Non-state agents of persecution - Racial / Ethnic persecution | Countries: New Zealand - Slovakia

Admissibility application.

22 September 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Right to family life - Sexual and reproductive rights - Women's rights | Countries: Slovakia