Case Law

Relying on Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, Mr O.O. complained that the Russian authorities had failed to consider his arguments that he would face a real risk of ill-treatment if deported to Uzbekistan. He also alleged that his deportation had disregarded the interim measure indicated by the European Court, in breach of Article 34 (right of individual petition) of the European Convention. Violation of Article 3 – on account of the authorities deporting Mr O.O. to Uzbekistan Violation of Article 34

21 May 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment | Countries: Russian Federation - Uzbekistan

At issue are the reach of the Refugees Act and of the Immigration Act as well as the interplay between these two statutes; the effect of delay on entitlement to apply for refugee status; the operation of the exclusionary provisions of the Refugees Act, particularly section 4(1)(b); and whether this section applies only to crimes committed outside South Africa. Also at issue is the fidelity of the Supreme Court of Appeal to its own judgments and whether in this case commitment to precedent (stare decisis) was breached.

20 December 2018 | Judicial Body: South Africa: Constitutional Court | Topic(s): Deportation / Forcible return - Illegal immigrants / Undocumented migrants - Refugee status determination (RSD) / Asylum procedures - Serious non-political crime | Countries: Rwanda - South Africa

6 December 2018 | Judicial Body: UN Committee Against Torture (CAT) | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment | Countries: Ethiopia - Italy - Switzerland

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 - Turkey