Case Law

The case mainly concerns the applicants’ complaints, under Article 5 of the Convention, that their arrest and detention as migrants in an irregular situation were unlawful, and that they were not informed of the reasons for their arrest and had no effective access to the procedure to challenge the lawfulness of their arrest and detention. It also concerns the eighth applicant’s complaint under Article 3 that she, a minor at the time, was not provided with adequate care in detention in connection with her pregnancy and the miscarriage she suffered.

16 July 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Arbitrary arrest and detention - Right to liberty and security | Countries: Eritrea - Guinea - Somalia - Ukraine

20 June 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Credibility assessment - Exhaustion of domestic remedies - Expulsion - Forced labour - Freedom from torture, inhuman and degrading treatment | Countries: Eritrea - Switzerland

7 October 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Country of origin information (COI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland