Iraq

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

The principal issues in the appeals concern the meaning and effect of Article 2(n) and Article 28 of Dublin III ("Article 2(n)" and "Article 28", respectively), which relate to the detention of an individual for the purpose of transfer to another Member State under that Regulation. Mr Hemmati and Mr Khalili also raise a distinct issue regarding whether Garnham J was right to hold that their detention was lawful by application of the usual principles of domestic law first adumbrated in Re Hardial Singh [1984] 1 WLR 704 and rehearsed in later authorities such as R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888 and Lumba v Secretary of State for the Home Department [2012] 1 AC 245 ("the Hardial Singh principles").

4 October 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Arbitrary arrest and detention - Prison or detention conditions | Countries: Afghanistan - Austria - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland

21 April 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Greece - Iraq

Admissibility application.

2 July 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Changes of circumstances in home country - Country of origin information (COI) - Criminal justice - Expulsion - Freedom from torture, inhuman and degrading treatment - Kurd - Persecution based on political opinion - Racial / Ethnic persecution - Rejected asylum-seekers - Right to life | Countries: Iraq - Norway

Application for judicial review.

12 September 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Effective remedy - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Prosecution vs persecution - Re-entry | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

16 May 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Immigration Detention - Kurd - Non-state agents of persecution - Persecution based on political opinion | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Application for permission to apply for judicial review.

13 May 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Kurd - Prosecution vs persecution - Voluntary repatriation | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

9 April 2008 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Passports - Persecution based on political opinion - Unlawful departure | Countries: Iraq - New Zealand

Cet arrêt deviendra définitif dans les conditions définies à l'article 44 § 2 de la Convention. Il peut subir des retouches de forme.

14 February 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Rule of law / Due process / Procedural fairness | Countries: Iraq - Romania

This judgment is final but may be subject to editorial revision. The Grand Chamber affirmed the judgment of the Fourth Section delivered on 11 July 2006. UNHCR submitted an intervention in this case.

29 January 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Immigration Detention - Right to liberty and security - Rule of law / Due process / Procedural fairness - Temporary admission | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland