Council of Europe: European Court of Human Rights

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 | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Exhaustion of domestic remedies - Refugee status determination (RSD) / Asylum procedures | Countries: Algeria - France

violation of article 3 (prohibition of inhuman and degrading treatment).

28 February 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Freedom from torture, inhuman and degrading treatment - Refugee camps - Unaccompanied / Separated children | Countries: Afghanistan - France - United Kingdom of Great Britain and Northern Ireland

The case concerns the arrest of the applicants, nine unaccompanied minors, and their placement in different police stations in northern Greece and in the Diavata centre. The Court found violations of articles 3 on the prohibition of inhuman or degrading treatment (no violation on living conditions), violation of article 13 on the right to an effective remedy and a violation of article 5 (1) and (4) on the right to liberty and security, right to a speedy decision on the lawfulness of a detention measure.

28 February 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security - Unaccompanied / Separated children | Countries: Greece - Iraq - Morocco - Syrian Arab Republic

31 January 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Asylum policy - Expulsion | Countries: Georgia - Russian Federation

24 January 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Human rights law - Right to family life | Countries: Italy

Violation of Article 3 - Prohibition of torture (Article 3 - Expulsion) (Conditional) (Uzbekistan) Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention) Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)

22 January 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment | Countries: Russian Federation - Tajikistan - Uzbekistan

whether the applicants had actually submitted asylum applications at the border - the Court was satisfied that the applicants had submitted asylum applications, either orally or in writing, at the Lithuanian border on 16 April, 11 May and 22 May 2017. However, border guards had not accepted those applications and had not forwarded them to a competent authority for examination and status determination, as required by domestic law. Furthermore, border guards’ reports to their senior officers had not made any mention of the applicants’ wish to seek asylum on any of the three occasions – there were no references to the writing of “azul” on the decisions, nor to the written asylum application. There was also no indication either in those reports or in any other documents submitted to the Court that the border guards had attempted to clarify what was the reason – if not seeking asylum – for the applicants’ presence at the border without valid travel documents. Nor did it appear that there had been any assessment at all of whether it had been safe to return the applicants – a family with five very young children – to Belarus, which was not a Contracting Party to the European Convention on Human Rights and, according to publicly available information, could not be assumed to be a safe third country for Chechen asylum-seekers. As a result, the applicants had been returned to Belarus without there being any assessment of their asylum claims. It was therefore evident that measures which the Government had claimed constituted adequate safeguards against the arbitrary removal of asylum-seekers – such as the supervision of border guards by superior officers or the monitoring of borders by non-governmental organisations – had not been effective in the applicants’ case. Conclusion: violation (four votes to three).

11 December 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Rejection at border | Countries: Lithuania - Russian Federation

4 December 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Prison or detention conditions | Countries: Cyprus - Viet Nam

Non-violation de l'article 5 - Droit à la liberté et à la sûreté (Article 5-1 - Arrestation ou détention régulières)

6 November 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Right to liberty and security | Countries: Belgium - Sri Lanka

Violation of Article 3 - Prohibition of torture (Article 3 - Extradition) (Conditional) (Tajikistan) Violation of Article 3 - Prohibition of torture (Article 3 - Extradition) (Conditional) (Uzbekistan) Violation of Article 5 - Right to liberty and security (Article 5-1-f - Extradition)

23 October 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment | Countries: Russian Federation - Tajikistan - Uzbekistan