Title CASE OF Z.A. AND OTHERS v. RUSSIA (Applications nos. 61411/15, 61420/15, 61427/15 and 3028/16) (Grand Chamber)
Publisher Council of Europe: European Court of Human Rights
Publication Date 21 November 2019
Country Iraq | State of Palestine | Russian Federation | Somalia | Syrian Arab Republic
Topics Airports | Arbitrary arrest and detention | Freedom from torture, inhuman and degrading treatment | Prison or detention conditions | Right to liberty and security | Transit
Citation / Document Symbol ECLI:CE:ECHR:2019:1121JUD006141115
Other Languages / Attachments Press release
Related Document(s) Z.A. and others v. Russia  |  Submission by the Office of the United Nations High Commissioner for Refugees in the case of Khasan Mohamad YASIEN v. Russia (Application no. 3028/16) before the European Court of Human Rights
Cite as CASE OF Z.A. AND OTHERS v. RUSSIA (Applications nos. 61411/15, 61420/15, 61427/15 and 3028/16) (Grand Chamber), ECLI:CE:ECHR:2019:1121JUD006141115, Council of Europe: European Court of Human Rights, 21 November 2019, available at: https://www.refworld.org/cases,ECHR,5dd6bd437.html [accessed 6 November 2021]
Comments The Court found in particular that Article 5 was applicable to the applicants’ case as their presence in the transit zone had not been voluntary; they had been left to their own devices for the entire period of their stay, which had lasted between five and 19 months depending on the applicant; there had been no realistic prospect of them being able to leave the zone; and the authorities had not adhered to the domestic legislation on the reception of asylum-seekers. Given the absence of a legal basis for their being confined to the transit zone, a situation made worse by them being impeded in accessing the asylum system, the Court concluded that there had been a violation of the applicants’ rights protected by Article 5 § 1. The conditions the applicants had lived in had also been appalling: they had had to sleep in the transit zone, a busy and constantly lit area, with no access to washing or cooking facilities. There had thus also been a breach of Article 3 as their treatment had been degrading.
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