Title | Case of O.M. and D.S. v. Ukraine (Application no. 18603/12) |
Publisher | Council of Europe: European Court of Human Rights |
Publication Date | 15 September 2022 |
Country | Kyrgyzstan | Ukraine |
Topics | Non-refoulement | Rejection at border |
Related Document(s) | Submission by the Office of the United Nations High Commissioner for Refugees in the Case of O.M. and D.S. v. Ukraine (Application No. 18603/12) |
Cite as | Case of O.M. and D.S. v. Ukraine (Application no. 18603/12), Council of Europe: European Court of Human Rights, 15 September 2022, available at: https://www.refworld.org/cases,ECHR,63231d4a4.html [accessed 17 May 2023] |
Comments | For these reasons, the Court, unanimously,Joins to the merits the Government’s objection as to the first applicant’s victim status regarding her complaint under Article 3 of the Convention and rejects it; Declares the first applicant’s complaints under Articles 3 and 13 of the Convention concerning her removal from Ukraine and the alleged lack of effective domestic remedies in that regard admissible and the applicants’ remaining complaints under Articles 3, 5 and 13 inadmissible; Holds that there has been a violation of Article 3 of the Convention; Holds that there is no need to examine the first applicant’s complaint under Article 13 taken in conjunction with Article 3 of the Convention; Holds that the respondent State has failed to comply with its obligation under Article 34 of the Convention |
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