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AFFAIRE M.A. c. BELGIQUE (Requête no 19656/18)
The case concerned the applicant’s removal to Sudan by the Belgian authorities in spite of a court decision ordering the suspension of the measure. The Court found in particular that on account of procedural defects attributable to the Belgian authorities prior to the applicant’s removal to Sudan, he had been prevented from pursuing the asylum application that he had lodged in Belgium and the Belgian authorities had not sufficiently assessed the real risks that he faced in Sudan. In addition, by deporting the applicant in spite of the court order to suspend the measure, the authorities had rendered ineffective the applicant’s successful appeal. 27 October 2020 | 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 - Effective remedy - Refugee status determination (RSD) / Asylum procedures - Suspensive effect | Countries: Belgium - Sudan |
CASE OF S.A. v. THE NETHERLANDS
(Application no. 49773/15)
Relying on Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy), the applicant complained that if removed to Sudan he would be at risk of forced recruitment, persecution because he belonged to a non-Arab ethnic group from Darfur, and more generally, on account of the humanitarian situation in Sudan as a result of the conflict in Darfur. No violation of Article 3 – in the event of the applicant’s removal to Sudan No violation of Article 13 taken together with Article 3 2 June 2020 | 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): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Racial / Ethnic persecution - Rule of law / Due process / Procedural fairness | Countries: Netherlands - Sudan |
AFFAIRE A.E.A. c. GRÈCE (Requête no 39034/12)
The possibility of introducing an asylum claim is a conditio sine qua non for the effective protection of persons in need of international protection. If authorities do not guarantee unhindered access to the asylum procedure, asylum-seekers can not make use of the procedural rights foreseen within the asylum procedure and are at risk of being arrested at any time. Hence even if the asylum procedure offers effective safeguards, these are of no use if, as in the present case, the asylum claim is not registered for a long period of time. [85] violation of article 13 (effective remedy) in combination with article 3 ECHR. 15 March 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): Access to procedures - Effective protection - Effective remedy - Registration | Countries: Egypt - Greece - Sudan - Turkey |
A.I. c. Suisse
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 | Document type: Case Law | 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 |
R.B.A.B. and Others v. the Netherlands
7 June 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Female genital mutilation (FGM) - Freedom from torture, inhuman and degrading treatment | Countries: Netherlands - Sudan |
A.F. c. France
15 January 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Credibility assessment - Darfuri - Torture | Countries: France - Sudan |
A.A. c. France
15 January 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Appeal / Right to appeal - Armed forces / Military - Armed groups / Militias / Paramilitary forces / Resistance movements - Evidence (including age and language assessments / medico-legal reports) - Suspensive effect - Torture | Countries: France - Sudan |
Sharifi et autres c. Italie et Grèce
See further Committee of Minister (CM) decisions of September 2016 and June 2017 available at: http://hudoc.exec.coe.int/eng?i=CM/Del/Dec(2016)1265/H46-16 ; http://hudoc.exec.coe.int/eng?i=CM/Del/Dec(2017)1288/H46-17E) and Italian authorities submission of Sept. 2017 ( available at: http://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168075968c); the Communication by Italian Government Action plan (https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168091f978 ); and the decision by the Committee of Ministers of 5 March 2020 (available at: https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016809cc879) 21 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Access to procedures - Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Refoulement - Rescue at sea / Interception at sea | Countries: Afghanistan - Eritrea - Greece - Italy - Sudan |
Horshill c. Grèce
1 August 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions | Countries: Greece - Sudan |
Mohammed v. Austria
6 June 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Regional instruments - Safe third country | Countries: Austria - Hungary - Sudan |