Human rights / Freedom from torture, inhuman and degrading treatment

(i)Said [2016] EWCA Civ 442 is not to be read to exclude the possibility that Article 3 ECHR could be engaged by conditions of extreme material deprivation. Factors to be considered include the location where the harm arises, and whether it results from deliberate action or omission. (ii) In cases where the material deprivation is not intentionally caused the threshold is the modified N test set out in AM (Zimbabwe) [2020] UKSC 17. The question will be whether conditions are such that there is a real risk that the individual concerned will be exposed to intense suffering or a significant reduction in life expectancy. (iii) The Qualification Directive continues to have direct effect following the UK withdrawal from the EU.

22 July 2021 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): EU Qualification Directive - Freedom from torture, inhuman and degrading treatment - Livelihoods | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

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

9 October 2017 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Denmark - Italy - Somalia

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

6 June 2016 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News

6 June 2016 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News

25 April 2016 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News

25 April 2016 | Publisher: Germany: Federal Office for Migration and Asylum | Document type: Country News

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