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AFFAIRE N.H. ET AUTRES c. FRANCE (Requête no 28820/13 et 2 autres)

The French authorities had failed in their duties under domestic law. They were found responsible for the conditions in which the applicants had been living for several months: sleeping rough, without access to sanitary facilities, having no means of subsistence and constantly in fear of being attacked or robbed. The applicants had thus been victims of degrading treatment, showing a lack of respect for their dignity. The Court found that such living conditions, combined with the lack of an appropriate response from the French authorities and the fact that the domestic courts had systematically objected that the competent bodies lacked resources in the light of their status as single young men, had exceeded the threshold of severity for the purposes of Article 3 of the Convention. The three applicants N.H., K.T. and A.J. had thus found themselves, through the fault of the French authorities, in a situation that was incompatible with Article 3 of the Convention.

2 July 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): Freedom from torture, inhuman and degrading treatment - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - France - Georgia - Iran, Islamic Republic of - Russian Federation

Tarakhel v. Switzerland

4 November 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Asylum-seekers - Children-at-risk - Deportation / Forcible return - Flight by land, air or sea - Freedom from torture, inhuman and degrading treatment - Reception - Regional instruments - Right to family life | Countries: Afghanistan - Italy - Pakistan - Switzerland

Arrêt n° 74 623

3 February 2012 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Document type: Case Law | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Reception - Refugee / Asylum law | Countries: Afghanistan

N. S. (C 411/10) v. Secretary of State for the Home Department and M. E. (C 493/10) and others v. Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform

21 December 2011 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Asylum-seekers - Burden-sharing and international co-operation - Children's rights - Deportation / Forcible return - Immigration Detention - Reception - Right to seek asylum - Rule of law / Due process / Procedural fairness - Safe third country - Single procedure | Countries: Algeria - Ireland

UNHCR intervention before the Court of Justice of the European Union in joined cases of NS and ME and Others

28 June 2011 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

UNHCR intervention before the Court of Justice of the European Union in the cases of N.S. v. Secretary of State for the Home Department in United Kingdom and M.E. and Others v. Refugee Application Commissioner and the Minister for Justice, Equality and Law Reform in Ireland

1 February 2011 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

M.S.S. v. Belgium and Greece

This judgment is final but may be subject to editorial revision.

21 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Access to procedures - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Non-refoulement - Reception - Safe third country - Single procedure | Countries: Afghanistan - Belgium - Greece

UNHCR oral intervention before the European Court of Human Rights in the case of M.S.S. v. Belgium and Greece

1 September 2010 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

UNHCR intervention before the European Court of Human Rights in the case of M.S.S. v. Belgium and Greece

June 2010 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

UNHCR intervention before the High Court of Justice of England and Wales in the case of R (Saeedi) v. Secretary of State for the Home Department

15 February 2010 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

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