Administration of justice / Effective remedy
- Amnesty International 3
- Canada: Federal Court 1
- Council of Europe: European Court of Human Rights 5
- Germany: Bundesverfassungsgericht 1
- Germany: Federal Office for Migration and Asylum 2
- Human Rights Watch 2
- Ireland: Refugee Documentation Centre 1
- REDRESS 13
- UN Human Rights Committee (HRC) 1
- UN Human Rights Council 2
- UN News Service 2
- United Kingdom: Home Office 1
- United States Department of State 1
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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 |
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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 |
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BVerfG, Beschluss der 1. Kammer des Zweiten Senats
25 February 2019 | Judicial Body: Germany: Bundesverfassungsgericht | Document type: Case Law | Topic(s): Effective remedy - Manifestly unfounded / Clearly abusive claims | Countries: Germany - Sudan |
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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 - Türkiye |
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Communications, cases examined, observations and other activities conducted by the Working Group on Enforced or Involuntary Disappearances
1 December 2016 | Publisher: UN Human Rights Council | Document type: Sessional Reports |
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Report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, on his mission to the Sudan
4 August 2016 | Publisher: UN Human Rights Council | Document type: Mission Reports |
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Informationszentrum Asyl und Migration Briefing Notes (25 April 2016)
25 April 2016 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News |
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Information Centre Asylum and Migration Briefing Notes (25 April 2016)
25 April 2016 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News |
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New levels of 'brutality' in South Sudan, says UN rights report
30 June 2015 | Publisher: UN News Service | Document type: Country News |
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South Africa must arrest Sudanese President Omar Al-Bashir
14 June 2015 | Publisher: Amnesty International | Document type: Country News |
