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AFFAIRE R.M. ET AUTRES c. POLOGNE (Requête no 11247/18)

9 February 2023 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Children's rights - Expulsion - Right to liberty and security - Rule of law / Due process / Procedural fairness | Countries: Poland - Russian Federation

CASE OF T.Z. AND OTHERS v. POLAND (Application no. 41764/17)

The present case concerns numerous refusals of the Polish authorities to examine the applicants’ requests for international protection, their denied entry to Poland and return to Belarus

13 October 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): Effective remedy - Entry / Exit - Expulsion - Freedom from torture, inhuman and degrading treatment | Countries: Belarus - Poland - Russian Federation

CASE OF T.Z. AND OTHERS v. POLAND (Application no. 41764/17)

The present case concerns numerous refusals of the Polish authorities to examine the applicants’ requests for international protection, their denied entry to Poland and return to Belarus.

13 October 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 | Countries: Poland - Russian Federation

CASE OF LIU v. POLAND (Application no. 37610/18)

1. The applicant complained that his extradition to China would violate Article 3 and Article 6 § 1 of the Convention as – if extradited and tried – he would be at risk of torture and inhuman and degrading treatment; moreover, he would be denied a fair trial. He also complained under Article 5 § 1 that his detention pending extradition was unreasonably long and, therefore, arbitrary.

6 October 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): Diplomatic assurances - Extradition - Freedom from torture, inhuman and degrading treatment | Countries: China - Poland

Case of A.B. and Others v. Poland (Application no. 42907/17)

The present case concerns refusal of border guards to receive the applicants’ asylum applications and summary removal to a third country, with a risk of refoulement to and ill-treatment in the country origin.

30 June 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Rejection at border | Countries: Belarus - Poland - Russian Federation

Case of A.I. and Others v. Poland (Application no. 39028/17)

The present case concerns refusal of border guards to receive the applicants’ asylum applications and summary removal to a third country, with a risk of refoulement to and ill-treatment in the country origin.

30 June 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Rejection at border | Countries: Belarus - Poland - Russian Federation

Submission by the Office of the United Nations High Commissioner for Refugees in the case of R.A. and Others v. Poland (Appl. No. 42120/21) before the European Court of Human Rights

February 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

UNHCR observations on the draft law amending the Act on Foreigners and the Act on Granting Protection to Foreigners in the territory of the Republic of Poland (UD265)

16 September 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

D.A. and Others v. Poland

The court unanimously: Declares the application admissible; Holds that there has been a violation of Article 3 of the Convention on account of the applicants being denied access to the asylum procedure and exposed to a risk of inhuman and degrading treatment and torture in Syria; Holds that it is not necessary to examine whether there has been a violation of Article 3 of the Convention on account of the applicants’ treatment by the Polish authorities during border checks; Holds that there has been a violation of Article 4 of Protocol No. 4 to the Convention; Holds that there has been a violation of Article 13 of the Convention taken in conjunction with Article 3 of the Convention and Article 4 of Protocol No. 4 to the Convention; Holds that Poland has failed to discharge its obligations under Article 34 of the Convention; Decides to continue to indicate to the Government under Rule 39 of the Rules of Court that it is desirable in the interests of the proper conduct of the proceedings not to remove the applicants to Belarus – if and when they present themselves at the Polish border crossing – until such time as the present judgment becomes final, or until a further decision is made; Holds (a) that the respondent State is to pay to each of the three applicants, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 10,000 (ten thousand euros), to be converted into the currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable to the applicants, in respect of non-pecuniary damage; (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

8 July 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment | Countries: Poland - Syrian Arab Republic

EASO Age assessment practices in EU+ countries: updated findings

July 2021 | Publisher: European Union: European Asylum Support Office (EASO) | Document type: Thematic Reports

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