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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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AFFAIRE N.H. ET AUTRES c. FRANCE (Requête no 28820/13 et 2 autres)

The French authorities had failed in their duties under domestic law. They were found responsible for the conditions in which the applicants had been living for several months: sleeping rough, without access to sanitary facilities, having no means of subsistence and constantly in fear of being attacked or robbed. The applicants had thus been victims of degrading treatment, showing a lack of respect for their dignity. The Court found that such living conditions, combined with the lack of an appropriate response from the French authorities and the fact that the domestic courts had systematically objected that the competent bodies lacked resources in the light of their status as single young men, had exceeded the threshold of severity for the purposes of Article 3 of the Convention. The three applicants N.H., K.T. and A.J. had thus found themselves, through the fault of the French authorities, in a situation that was incompatible with Article 3 of the Convention.

2 July 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - France - Georgia - Iran, Islamic Republic of - Russian Federation

Paposhvili v. Belgium

13 December 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Right to health | Countries: Belgium - Georgia

Aliev v. Turkey

21 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Asylum-seekers - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Police - Prison or detention conditions - Right to liberty and security | Countries: Georgia - Türkiye

Adeishvili (Mazmishvili) v. Russia

16 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to family life - Statelessness | Countries: Georgia - Russian Federation

Tatishvili c. Grèce

31 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Georgia - Greece

Herman et Serazadishvili c. Grèce

24 April 2014 | Judicial Body: Council of Europe: European Court of Human Rights | 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

Paposhvili c. Belgique

17 April 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Expulsion - Freedom from torture, inhuman and degrading treatment - Illegal immigrants / Undocumented migrants - National security / Public order - Right to family life - Right to health - Suspensive effect | Countries: Belgium - Georgia - Italy

Bygylashvili c. Grèce

25 September 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Countries: Georgia - Greece

RRT Case No. 1001195

3 June 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Post-traumatic stress disorder (PTSD) - State protection | Countries: Australia - Georgia

Gorgiladze c. Georgie

Cet arrêt deviendra définitif dans les conditions définies à l'article 44 § 2 de la Convention. Il peut subir des retouches de forme.

20 October 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to justice | Countries: Georgia

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