Case Law

2 May 2016 | Judicial Body: Switzerland: Federal Court | Topic(s): Arbitrary arrest and detention - Burden-sharing and international co-operation - Immigration Detention - Regional instruments | Countries: Afghanistan - Bulgaria - Switzerland

asylum seekers’ detention is arbitrary and contrary to their right to liberty if the State fails to demonstrate on an individual basis that their continuous indefinite detention is justified, and that other, less intrusive, measures could not achieve the same end of compliance with the State’s need to respond to security concerns. In addition, the HRC considers that the combination of the arbitrary character and indefinite nature of the authors’ protracted detention, the absence of procedural guarantees to challenge the detention and the difficult conditions of detention, cumulatively inflict serious psychological harm that amount to “cruel, inhuman or degrading treatment” under the ICCPR.

2 May 2016 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention | Countries: Afghanistan - Australia - Iran, Islamic Republic of - Sri Lanka

26 April 2016 | Judicial Body: Papua New Guinea: Constitutional Court | Topic(s): Arbitrary arrest and detention - Asylum-migration nexus - Constitutional law - Freedom of movement - Immigration Detention - Right to liberty and security | Countries: Papua New Guinea

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

12 January 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions | Countries: Malta - Somalia

15 December 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Chechen - Deportation / Forcible return - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Russian Federation - Turkey

28 October 2015 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Habeas corpus - Immigrants - Immigration Detention - Pre-trial detention - Prison or detention conditions | Countries: United States of America

20 October 2015 | Judicial Body: Canada: Courts of Appeal | Topic(s): Habeas corpus - Immigration Detention | Countries: Cameroon - Canada - India - Italy

15 October 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Right to liberty and security | Countries: Russian Federation - Syrian Arab Republic

22 September 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Immigration Detention - Non-refoulement - Safe third country | Countries: Hungary - Serbia - Somalia