Administration of justice / Exhaustion of domestic remedies

The ECtHR considered it more appropriate to examine the complaints concerning the failure of France to comply with the interim relief orders of the Administrative Court ordering that the applicants must be taken into emergency accommodation and the absence of an effective emergency procedure for the enforcement of an interim relief order solely under Article 6 ECHR (§§ 91, 92). The ECtHR considered that the decision to grant or refuse emergency accommodation constituted a civil right and thus held that Article 6 § 1 ECtHR was applicable. The case concerned asylum-seekers who were without accommodation at the time of the events, and in whose favour the urgent-applications judge of the administrative court ordered the State to provide them with emergency accommodation.

30 December 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): Decision on admissibility - Effective remedy - Exhaustion of domestic remedies - Rule of law / Due process / Procedural fairness | Countries: Congo, Democratic Republic of the - France - Georgia

10 February 2022 | Judicial Body: UN Committee on the Rights of the Child (CRC) | Document type: Case Law | Legal Instrument: 1989 Convention on the Rights of the Child (CRC) | Topic(s): Children's rights - Effective remedy - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Right to health | Countries: Russian Federation - Switzerland

28 January 2022 | Judicial Body: UN Committee Against Torture (CAT) | Document type: Case Law | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Convention against Torture (CAT) - Deportation / Forcible return - Eritreans - Exhaustion of domestic remedies - Torture | Countries: Eritrea - Switzerland

Effective domestic remedy: Effectiveness of a suspensive remedy, in respect of an asylum request submitted after the application had been lodged with the Court: admissible As to the merits, the Court went on to find, unanimously, that there would be no violation of Article 3 if the decision to deport the applicant to Algeria were implemented.

29 April 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): Exhaustion of domestic remedies - Refugee status determination (RSD) / Asylum procedures | Countries: Algeria - France

20 June 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): Credibility assessment - Exhaustion of domestic remedies - Expulsion - Forced labour - Freedom from torture, inhuman and degrading treatment | Countries: Eritrea - Switzerland

18 May 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): Asylum-seekers - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment | Countries: Greece - Iran, Islamic Republic of

14 February 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): Effective remedy - Exhaustion of domestic remedies - Humanitarian protection (including tolerated stay) - Physical harm - Right to life - Security situation | Countries: Russian Federation - Syrian Arab Republic

5 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Hazara - Persecution based on political opinion | Countries: Afghanistan - Netherlands

30 June 2016 | Publisher: International Federation for Human Rights | Document type: Legal Articles/Analyses/Commentaries