Council of Europe: European Court of Human Rights
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
- Case Law 5
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CASE OF Z.A. AND OTHERS v. RUSSIA (Applications nos. 61411/15, 61420/15, 61427/15 and 3028/16) (Grand Chamber)
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 |
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Z.A. and others v. Russia
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 |
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Moxamed Ismaaciil and Abdirahman Warsame v. Malta
12 January 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions | Countries: Malta - Somalia |
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Mahamed Jama v. Malta
26 November 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Prison or detention conditions | Countries: Malta - Somalia |
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Aden Ahmed v. Malta
23 July 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Habeas corpus - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Malta - Somalia |
