Case Law

violations of Article 3: failure to effectively investigate allegations and because of its complicity in the CIA’s actions that had led to ill-treatment; violations of Article 5 (right to liberty and security), Article 8 (right to respect for private life), and Article 13 (right to an effective remedy) in conjunction with Articles 3, 5 and 8, violations of Article 6 § 1 (right to a fair trial within a reasonable time), and Articles 2 (right to life) and 3 taken together with Article 1 of Protocol No. 6 (abolition of the death penalty) because Romania had assisted in Mr Al Nashiri’s transfer from its territory in spite of a real risk that he could face a flagrant denial of justice and the death penalty.

31 May 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 - Freedom from torture, inhuman and degrading treatment - Jurisdiction | Countries: Romania - Saudi Arabia - United States of America

12 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Children-at-risk - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions | Countries: France - Romania

4 August 2015 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Access to procedures - Burden-sharing and international co-operation - Regional instruments | Countries: Belgium - Germany - Romania - Syrian Arab Republic

10 February 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Expulsion - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Terrorism | Countries: Afghanistan - Romania

10 February 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Romania - Turkey

13 November 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Discrimination based on race, nationality, ethnicity - Freedom from torture, inhuman and degrading treatment - Right to family life - Roma | Countries: Romania

10 April 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Public health - Roma | Countries: Romania

24 January 2012 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Discrimination based on race, nationality, ethnicity - Economic, social and cultural rights - Expulsion - Extreme poverty - Housing, land and property rights (HLP) - Roma | Countries: France

21 July 2011 | Judicial Body: Canada: Federal Court | Topic(s): Arbitrary arrest and detention - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Serious non-political crime | Countries: Canada - Romania

3 May 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Freedom from torture, inhuman and degrading treatment - Grounds for persecution - Non-state agents of persecution - Safe third country - Social group persecution - State protection | Countries: Australia