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Administration of justice / Effective remedy

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CASE OF S.A. v. THE NETHERLANDS (Application no. 49773/15)

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 | Document type: Case Law | 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

M.M. and Others v. The Netherlands

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

19 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): 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

Mohamed Rabbae, A.B.S and N.A. v.The Netherlands

29 March 2017 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Topic(s): Effective remedy - Religious discrimination | Countries: Morocco - Netherlands

Make Way for Justice #3: Universal Jurisdiction Annual Review 2017

March 2017 | Publisher: REDRESS | Document type: Annual Reports

Applicant v. State Secretary for Security and Justice

The Council of State handed down four judgments on 15 November 2016 regarding the intensity of judicial review with regards to the credibility assessment done by the administration.

15 November 2016 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Credibility assessment - Effective remedy | Countries: Netherlands

Mehrdad Ghezelbash v Staatssecretaris van Veiligheid en Justitie

7 June 2016 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Burden-sharing and international co-operation - Effective remedy - Regional instruments | Countries: Iran, Islamic Republic of - Netherlands

Opinion of Advocate General Sharpston: Mehrdad Ghezelbash v Staatssecretaris van Veiligheid en Justitie

17 March 2016 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Effective remedy | Countries: Netherlands

Professionally speaking: challenges to achieving equality for LGBT people

March 2016 | Publisher: European Union: European Agency for Fundamental Rights | Document type: Thematic Reports

Not There Yet: An NGO Perspective on Challenges to a Fair and Effective Common European Asylum System

9 September 2013 | Publisher: European Council on Refugees and Exiles | Document type: Annual Reports

Samsam Mohammed Hussein and Others v. the Netherlands and Italy

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

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