Case Law

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

7 December 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Police - Prison or detention conditions | Countries: Bulgaria - Iraq - Switzerland

19 January 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Illegal immigrants / Undocumented migrants - Right to life | Countries: Iraq - Italy - Jordan - Morocco - Palestine, State of

Admissibility application. See also the judgment on merits: Al-Saadoon and Mufdhi v. United Kingdom; and the judgment of the Court of Appeal (England and Wales): R (on the application of (1) Faisal Attiyah Nassar Al-Saadoon (2) Khalaf Hussain Mufdhi) v. Secretary of State for Defence [2009] EWCA Civ 7.

30 June 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Death penalty - Effective remedy - Freedom from torture, inhuman and degrading treatment - International humanitarian law (IHL) / Geneva Conventions - Jurisdiction - Right to life | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Application for interim liberation.

10 March 2009 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Criminal justice - Deportation / Forcible return - Effective remedy - Immigration Detention - Refugees | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

12 September 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | 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

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 | 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

On appeal from: [2005] EWCA Civ 1609.

13 June 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Access to procedures - Effective remedy | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

On appeal from the Administrative Court Division Court Rix LJ and Forbes J [2004] EWHC 2911 (Admin)

21 December 2005 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Access to procedures - Effective remedy | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

On appeal from the Administrative Court.

16 June 2005 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Asylum policy - Changes of circumstances in home country - Effective remedy - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Kurd | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland