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CASE OF G.B. AND OTHERS v. TURKEY (Application no. 4633/15)

The Court further notes that the move in international law towards adopting alternative measures to the administrative detention of migrants appears to concern not only children, but also their parents. violation of the applicants’ rights under Article 5 § 4 of the Convention on account of the failure of both the Istanbul Magistrates’ Court and the Constitutional Court to conduct a review of the lawfulness of their detention in an effective and speedy manner. The Court notes, once again, that the review mechanism set out under Law no. 6458 appears to be wholly ineffective in a case, such as the present one, where the detention of a minor in the immigration context is not based on an administrative decision.

17 October 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security | Countries: Russian Federation - Turkey

Alekszij Torubarov v Bevándorlási és Menekültügyi Hivatal (Case C–556/17), request for a preliminary ruling

Article 46(3) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that, in circumstances, such as those at issue in the main proceedings, where a first-instance court or tribunal has found — after making a full and ex nunc examination of all the relevant elements of fact and law submitted by an applicant for international protection — that, under the criteria laid down by Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, that applicant must be granted such protection on the ground that he or she relied on in support of his or her application, but after which the administrative or quasi-judicial body adopts a contrary decision without establishing that new elements have arisen that justify a new assessment of the international protection needs of the applicant, that court or tribunal must vary that decision which does not comply with its previous judgment and substitute its own decision for it as to the application for international protection, disapplying as necessary the national law that would prohibit it from proceeding in that way.

29 July 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Administrative law - Effective remedy | Countries: Hungary - Russian Federation

CASE OF O.O. v. RUSSIA (Application no. 36321/16)

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 | Document type: Case Law | 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

OPINION OF ADVOCATE GENERAL BOBEK in Case C‑556/17 Alekszij Torubarov v Bevándorlási és Menekültügyi Hivatal (Request for a preliminary ruling from the Pécsi Közigazgatási és Munkaügyi Bíróság (Administrative and Labour Court, Pécs, Hungary))

I suggest that the Court reply to the Pécsi Közigazgatási és Munkaügyi Bíróság (Administrative and Labour Court, Pécs, Hungary) as follows: – Article 46(3) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, in conjunction with the first paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, is to be interpreted as meaning that a model of judicial review in matters of international protection in which the courts are endowed with a mere cassational power but in which the judicial guidance they issue in their annulment decisions is effectively being disregarded by the administrative bodies when deciding on the same case again, such as demonstrated in the case in the main proceedings, fails to meet the requirements of effective judicial review set out in Article 46(3) of Directive 2013/32 and interpreted in the light of the first paragraph of Article 47 of the Charter. – A national court, deciding in circumstances such as those in the case in the main proceedings, must set aside the national rule limiting its power to the mere annulment of the relevant administrative decision. That obligation arises when the clear assessment contained in a judicial decision annulling a previous administrative decision has been disregarded by the administrative authority deciding the same case anew, without the latter bringing any new elements that it could have reasonably and legitimately brought into consideration, thus depriving the judicial protection provided for under the invoked provisions of any practical effect.

30 April 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Administrative courts - Effective remedy | Countries: Hungary - Russian Federation

CASE OF GEORGIA v. RUSSIA (I) (Application no. 13255/07) (just satisfaction)

31 January 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Asylum policy - Expulsion | Countries: Georgia - Russian Federation

CASE OF B.U. AND OTHERS v. RUSSIA, (nos. 59609/17, 74677/17 and 76379/17)

Violation of Article 3 - Prohibition of torture (Article 3 - Expulsion) (Conditional) (Uzbekistan) Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention) Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

22 January 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment | Countries: Russian Federation - Tajikistan - Uzbekistan

case of M.A. and Others v. Lithuania (app no. 59793/17)

whether the applicants had actually submitted asylum applications at the border - the Court was satisfied that the applicants had submitted asylum applications, either orally or in writing, at the Lithuanian border on 16 April, 11 May and 22 May 2017. However, border guards had not accepted those applications and had not forwarded them to a competent authority for examination and status determination, as required by domestic law. Furthermore, border guards’ reports to their senior officers had not made any mention of the applicants’ wish to seek asylum on any of the three occasions – there were no references to the writing of “azul” on the decisions, nor to the written asylum application. There was also no indication either in those reports or in any other documents submitted to the Court that the border guards had attempted to clarify what was the reason – if not seeking asylum – for the applicants’ presence at the border without valid travel documents. Nor did it appear that there had been any assessment at all of whether it had been safe to return the applicants – a family with five very young children – to Belarus, which was not a Contracting Party to the European Convention on Human Rights and, according to publicly available information, could not be assumed to be a safe third country for Chechen asylum-seekers. As a result, the applicants had been returned to Belarus without there being any assessment of their asylum claims. It was therefore evident that measures which the Government had claimed constituted adequate safeguards against the arbitrary removal of asylum-seekers – such as the supervision of border guards by superior officers or the monitoring of borders by non-governmental organisations – had not been effective in the applicants’ case. Conclusion: violation (four votes to three).

11 December 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Rejection at border | Countries: Lithuania - Russian Federation

Russian director Serebrennikov's trial adjourned again

10 December 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News

Russia: Bashkortostan Supreme Court cancels Bashkir activist's fine

10 December 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News

Former Russian police officers jailed for torturing suspect to death

10 December 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News

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