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AFFAIRE KAAK ET AUTRES c. GRÈCE (Requête no 34215/16)
The case concerned the conditions of detention of Syrian, Afghan and Palestinian nationals in the “hotspots” of Vial and Souda (Greece), and the lawfulness of their detention in those camps. The Court considered that the authorities had done all that could reasonably be expected of them in the Vial camp to meet the obligation to provide care and protection to unaccompanied minors. The other applicants had been transferred immediately – or within ten days – from the Vial camp to the Souda camp. The Court also held that the conditions of detention in the Souda camp did not amount to inhuman or degrading treatment. The Court reiterated its previous finding that a period of one month’s detention in the Vial camp should not be considered excessive, given the time needed to comply with the relevant administrative formalities. In addition, the length of the applicants’ detention once they had expressed their wish to apply for asylum had been relatively short. In contrast, the applicants, who did not have legal assistance, had not been able to understand the content of the information brochure; in particular, they were unable to understand the material relating to the various appeal possibilities available under domestic law. 3 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): Access to procedures - Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Legal representation / Legal aid - Right to liberty and security | Countries: Afghanistan - Greece - Palestine, State of - Syrian Arab Republic |
Arrêt n° 219 682
11 April 2019 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Document type: Case Law | Topic(s): Corruption - Credibility assessment - Security situation - Unaccompanied / Separated children | Countries: Afghanistan - Belgium |
Khan c. France (application no. 12267/16)
violation of article 3 (prohibition of inhuman and degrading treatment). 28 February 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Refugee camps - Unaccompanied / Separated children | Countries: Afghanistan - France - United Kingdom of Great Britain and Northern Ireland |
Supreme Administrative Court decision of 7 February 2019 - KHO:2019:22
7 February 2019 | Judicial Body: Finland: Supreme Administrative Court | Document type: Case Law | Topic(s): Changes of circumstances in home country - Mental health - Security situation | Countries: Afghanistan - Finland - Iran, Islamic Republic of |
Ra 2018/18/0533
The applicant is an Afghan national and member of the ethnic group of Hazaras who was born and raised in Iran. He lodged an application for international protection in Austria in July 2015 which was rejected in first instance in September 2017.The Federal Administrative Court dismissed his appeal on 03/09/2018, arguing that even though the applicant cannot return to Sar-e Pol (where his family was originally from), there was an IFA available in Kabul or Mazar-e Sharif. It elaborated that the applicant had already gathered professional experience, had grown up in an Afghan family and was native speaker of one of the official languages and concluded that the applicant was familiar with the cultural circumstances in Afghanistan. The Austrian Supreme Administrative Court annulled this decision. It stated that the Federal Administrative Court's conclusion that the applicant was familiar with the cultural circumstances in Afghanistan was not evidence-based and emphasized that that the applicant had explicitly contested this. Furthermore the Supreme Administrative Court criticized that the Federal Administrative Court did not take into account and analyse the UNHCR-Afghanistan guidelines. A respective obligation derives from the respective Austrian case law as well as from European Union Law. The Court emphasized that according to UNHCR there was in general no IFA available in Kabul and that the availability of an IFA in other cities was questionable and needed to be assessed in a thorough manner on a case-to-case basis. 13 December 2018 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Afghanistan - Austria - Iran, Islamic Republic of |
Attacks across Afghanistan kill at least 31
11 December 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News |
At least eight Afghan soldiers killed, nine captured in Taliban attack
9 December 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News |
Family of Afghan boy of 'Messi' fame live in fear
8 December 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News |
Three civilians killed in Afghan roadside bombing
8 December 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News |
Taliban reportedly kill 14 Afghan troops, capture 21 in Herat province
7 December 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News |