Last Updated: Wednesday, 17 May 2023, 15:20 GMT

Council of Europe: European Court of Human Rights

The Court, based in Strasbourg, was set up as a result of the European Convention on Human Rights, created in 1950. This set out a catalogue of civil and political rights and freedoms. It allows people to lodge complaints against States which have signed up to the Convention for alleged violations of those rights. Although founded in 1950, the Court did not actually come into existence until 1959. It gained its present form as a single European Court of Human Rights when Protocol No. 11 to the ECHR took effect in 1998.

The Court is currently made up of 47 judges, one in principle for every State signed up to the Convention. They are elected by the Parliamentary Assembly of the Council of Europe and serve for six years. Judges sit on the Court as individuals and do not represent their country.  Website: www.echr.coe.int/Pages/home.aspx?p=home
Selected filters: Rejected asylum-seekers
Filter:
Showing 1-10 of 34 results
CASE OF T.K. AND OTHERS v. LITHUANIA (Application no. 55978/20)

22 March 2022 | 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): Expulsion - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Rejected asylum-seekers | Countries: Lithuania - Tajikistan

AFFAIRE M.R. c. SUISSE (Requête no 6040/17)

no violation of article 2 or 3 ECHR

16 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): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Rejected asylum-seekers | Countries: Iran, Islamic Republic of - Switzerland

CASE OF M.S. v. SLOVAKIA AND UKRAINE (Application no. 17189/11)

The applicant complained that the Slovakian authorities, having arrested him after he had crossed from Ukraine, had failed to inform him of the reasons for his arrest, in violation of Article 5 § 2 of the Convention. They had then returned him to Ukraine, where he had been detained in inadequate conditions in disregard of his alleged status as a minor, in breach of Article 3. He had been unable to participate effectively in the proceedings concerning his detention, and had eventually been returned to Afghanistan in the absence of an adequate assessment of the risks he had faced there, in breach of Article 3, Article 5 §§ 1, 2 and 4, and Article 13 of the Convention. Lastly, he alleged, under Article 34, that an NGO representative had been denied access to him in Ukraine, preventing him from lodging an application for an interim measure with the Court.

11 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): Children's rights - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Legal representation / Legal aid - Rejected asylum-seekers | Countries: Afghanistan - Slovakia - Ukraine

AFFAIRE BILALOVA ET AUTRES c. POLOGNE (Requête no 23685/14)

Relying in particular on Article 5 § 1 (f) (right to liberty and security), the applicants complained about their placement and retention in the closed centre for aliens, alleging, inter alia, that they were illegal. Violation of Article 5 § 1 f) – in respect of the applicant children, concerning their retention in the closed centre

26 March 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): Children's rights - Expulsion - Rejected asylum-seekers - Right to liberty and security | Countries: Germany - Poland - Russian Federation

CASE OF T.C.E. v. GERMANY (Application no. 58681/12)

in a case which concerns family life as well as immigration, the extent of a State’s obligations will vary according to the particular circumstances of the persons involved and the general interest.

1 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): Expulsion - Rejected asylum-seekers - Residence permits / Residency - Right to family life | Countries: Germany - Nigeria

Ahmed v. the United Kingdom

2 March 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - Refugee / Asylum law - Rejected asylum-seekers | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

M.A. v. Switzerland

18 November 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Country of origin information (COI) - Credibility assessment - Expulsion - Freedom from torture, inhuman and degrading treatment - Refoulement - Rejected asylum-seekers | Countries: Iran, Islamic Republic of - Switzerland

M.V. et M.T. c. France

4 September 2014 | 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 - Rejected asylum-seekers | Countries: France - Russian Federation

Tershiyev v. Azerbaijan

31 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Chechen - Criminal justice - Extradition - Freedom from torture, inhuman and degrading treatment - Rejected asylum-seekers | Countries: Azerbaijan - Russian Federation

Herman et Serazadishvili c. Grèce

24 April 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Illegal immigrants / Undocumented migrants - Immigration Detention - Prison or detention conditions - Rejected asylum-seekers - Right to liberty and security | Countries: Georgia - Greece - Indonesia

Search Refworld