Case Law

The Swiss authorities' decision to return a Zimbabwean national to his country of origin violated Article 3 of the Convention against Torture. The right to an effective remedy contained in Article 3 requires an opportunity for an effective, independent and impartial review of the decision to expel or return when there is a plausible allegation that issues under Article 3 arise.

11 November 2022 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Convention against Torture (CAT) - Non-refoulement | Countries: Switzerland

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

15 September 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Non-refoulement - Rejection at border | Countries: Kyrgyzstan - Ukraine

Confirmed on 8 September 2022. The english-language version is an unofficial translation. The Korean-language original is attached.

18 August 2022 | Judicial Body: Republic of Korea: Seoul Administrative Court | Topic(s): Deportation / Forcible return - Non-refoulement | Countries: Korea, Republic of

Relying on Article 2 (right to life) and Article 3 (prohibition on inhuman or degrading treatment), the applicants complain that their expulsion to Syria would put them at grave physical risk. Some of the applicants also complain under Article 13 (right to an effective remedy) that they had no effective domestic remedies in respect of their complaints under Articles 2 and 3 that their detention pending removal was arbitrary and the examination of their complaints against detention orders was not speedy.

14 September 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Right to life | Countries: Russian Federation - Syrian Arab Republic

Examination of the same matter under another procedure of international investigation or settlement; non-exhaustion of domestic remedies Risk of torture upon return to country of origin; non-refoulement

31 August 2021 | Judicial Body: UN Committee Against Torture (CAT) | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Freedom from torture, inhuman and degrading treatment - Non-refoulement | Countries: China - Switzerland

6 July 2020 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Asylum policy - Entry / Exit - Non-refoulement - Right to seek asylum | Countries: United States of America

The Court is requested to order the voidness of section 4 of the Prevention of Infiltration and Ensuring the Departure of Infiltrators from Israel 5775-2014 (Legislative Amendments and Temporary Provisions) 5775-2014 (hereinafter: the "Amending Law") that obliges foreign workers who entered Israel not through a border crossing (hereinafter: "Infiltrator Workers") and their employers to deposit in a special bank account a total amount at a rate of 36% of the worker's wages that will be paid to the worker only at the time of his departure from Israel (hereinafter: the "Deposit Scheme"). In short, the Petitioners argue that the Deposit Scheme, in general, or in the least some of its components, is unconstitutional and therefore should be voided.

23 April 2020 | Judicial Body: Israel: High Court of Justice | Topic(s): Administrative law - Asylum-seekers - Constitutional law - Illegal entry - Non-refoulement | Countries: Eritrea - Israel - Sudan