Case Law

The Court held that "- that O.D.’s removal to Syria would amount to a violation of Article 2 (right to life) and Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights - that there had been a violation of Article 13 (right to an effective remedy), read in conjunction with Articles 2 and 3. The Court found, in particular, that in view of the overall situation in Syria and the individual risk faced by the applicant it could not be established that he could safely return to Syria. The Court also found that the applicant had not had access to an effective remedy, noting that his request for a stay of execution of the expulsion order had been rejected on the grounds that he posed a threat to national security, and that the proceedings relating to the application for refugee status or humanitarian status had not been aimed at reviewing the lawfulness of the expulsion order or its effects in relation to the complaints concerning the right to life and the right not to be subjected to ill-treatment. ..."

10 October 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to life | Countries: Bulgaria - Syrian Arab Republic

19 October 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Effective remedy - Freedom from torture, inhuman and degrading treatment - Gang related violence - Non-state agents of persecution - Refugees - Right to life | Countries: El Salvador - Spain

http://www.asylumlawdatabase.eu/en/content/ecthr-na-v-switzerland-no-5036414-ai-v-switzerland-no-2337815-articles-2-and-3-30-may-2017

30 May 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Refoulement - Right to life | Countries: Sudan - Switzerland

http://www.asylumlawdatabase.eu/en/content/ecthr-na-v-switzerland-no-5036414-ai-v-switzerland-no-2337815-articles-2-and-3-30-may-2017

30 May 2017 | Judicial Body: Council of Europe | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Refoulement - Right to life | Countries: Sudan - Switzerland

14 February 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Exhaustion of domestic remedies - Humanitarian protection (including tolerated stay) - Physical harm - Right to life - Security situation | Countries: Russian Federation - Syrian Arab Republic

23 March 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) - Right to life | Countries: Iran, Islamic Republic of - Sweden

10 November 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Children's rights - Disappeared persons - Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to liberty and security - Right to life | Countries: Bosnia and Herzegovina

21 October 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - International Covenant on Civil and Political Rights (ICCPR) - Right to liberty and security - Right to life | Countries: Nepal

22 September 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Disappeared persons - Right to liberty and security - Right to life | Countries: Colombia

15 September 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Freedom of religion - International Covenant on Civil and Political Rights (ICCPR) - Right to life - Rule of law / Due process / Procedural fairness - Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons | Countries: Denmark - Nigeria