Council of Europe: European Court of Human Rights

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

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

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

10 September 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Forced marriage - Freedom from torture, inhuman and degrading treatment - Security situation - Sexual and gender-based violence (SGBV) | Countries: Somalia - Sweden

24 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Credibility assessment - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment | Countries: Somalia - Sweden

5 September 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Regional instruments - Right to life | Countries: Somalia - Sweden

23 July 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Habeas corpus - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Malta - Somalia

2 April 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Countries: Italy - Netherlands - Somalia

28 June 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Complementary forms of protection - Country of origin information (COI) - Deportation / Forcible return - EU Qualification Directive - Freedom from torture, inhuman and degrading treatment - Internal armed conflict - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - International protection - Rejected asylum-seekers - Returnees - Security situation | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

14 June 2011 | 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 - Right to family life | Countries: Denmark - Somalia