Council of Europe: European Court of Human Rights

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.

21 November 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): Airports - Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security - Transit | Countries: Iraq - Palestine, State of - Russian Federation - Somalia - Syrian Arab Republic

Art 2 • Art 3 • Expulsion • Sunni Muslim killed shortly after removal to Iraq where he had previously suffered life-threatening incidents • Inadequate assessment of risks with regard to tensions between Shia and Sunni Muslims

14 November 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Right to life | Countries: Finland - Iraq

The case concerns the arrest of the applicants, nine unaccompanied minors, and their placement in different police stations in northern Greece and in the Diavata centre. The Court found violations of articles 3 on the prohibition of inhuman or degrading treatment (no violation on living conditions), violation of article 13 on the right to an effective remedy and a violation of article 5 (1) and (4) on the right to liberty and security, right to a speedy decision on the lawfulness of a detention measure.

28 February 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security - Unaccompanied / Separated children | Countries: Greece - Iraq - Morocco - Syrian Arab Republic

7 December 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): Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Police - Prison or detention conditions | Countries: Bulgaria - Iraq - Switzerland

This case was referred to the Grand Chamber, decision was issued on 21 November 2019 confirming the Chamber Judgment

28 March 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): Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Iraq - Palestine, State of - Russian Federation - Somalia - Syrian Arab Republic

23 August 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Security situation | Countries: Iraq - Sweden

21 April 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Greece - Iraq

5 November 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Illegal entry - Threats / Intimidation | Countries: Greece - Iraq

4 June 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Freedom from torture, inhuman and degrading treatment - Threats / Intimidation | Countries: Iraq - Sweden

8 April 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Religious persecution (including forced conversion) - Sabean Mandean | Countries: Iraq - Sweden