Case Law

Relying on Article 3 (prohibition of inhuman or degrading treatment) and Article 13 (right to an effective remedy), the applicant complained that if removed to Sudan he would be at risk of forced recruitment, persecution because he belonged to a non-Arab ethnic group from Darfur, and more generally, on account of the humanitarian situation in Sudan as a result of the conflict in Darfur. No violation of Article 3 – in the event of the applicant’s removal to Sudan No violation of Article 13 taken together with Article 3

2 June 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Racial / Ethnic persecution - Rule of law / Due process / Procedural fairness | Countries: Netherlands - Sudan

Linked applications: 26268/09, 33314/09 and 53926/09

19 June 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to family life - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - Netherlands

25 August 2014 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Rule of law / Due process / Procedural fairness - Torture | Countries: Netherlands - Türkiye

10 September 2013 | Judicial Body: European Union: Court of Justice of the European Union | Countries: Netherlands

28 December 2011 | Judicial Body: Netherlands, The: The Hague District Court | Topic(s): Access to procedures - Criminal justice - International courts and tribunals - Jurisdiction - Right to seek asylum - Rule of law / Due process / Procedural fairness - Treaties / Agreements / Charters / Protocols / Conventions / Declarations - Witnesses | Countries: Congo, Democratic Republic of the - Netherlands

19 February 1998 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Rule of law / Due process / Procedural fairness | Countries: Bangladesh - Netherlands