Title	Case of O.M. and D.S. v. Ukraine (Application no. 18603/12)
Publisher	Council of Europe: European Court of Human Rights
Publication Date	15 September 2022
Country	Kyrgyzstan | Ukraine
Topics	Non-refoulement | Rejection at border
Related Document(s)	Submission by the Office of the United Nations High Commissioner for Refugees in the Case of O.M. and D.S. v. Ukraine (Application No. 18603/12)
Cite as	Case of O.M. and D.S. v. Ukraine (Application no. 18603/12), Council of Europe: European Court of Human Rights, 15 September 2022, available at: https://www.refworld.org/cases,ECHR,63231d4a4.html [accessed 1 October 2022]
Comments	For these reasons, the Court, unanimously,Joins to the merits the Government’s objection as to the first applicant’s victim status regarding her complaint under Article 3 of the Convention and rejects it; Declares the first applicant’s complaints under Articles 3 and 13 of the Convention concerning her removal from Ukraine and the alleged lack of effective domestic remedies in that regard admissible and the applicants’ remaining complaints under Articles 3, 5 and 13 inadmissible; Holds that there has been a violation of Article 3 of the Convention; Holds that there is no need to examine the first applicant’s complaint under Article 13 taken in conjunction with Article 3 of the Convention; Holds that the respondent State has failed to comply with its obligation under Article 34 of the Convention
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