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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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CASE OF LIU v. POLAND (Application no. 37610/18)

1. The applicant complained that his extradition to China would violate Article 3 and Article 6 § 1 of the Convention as – if extradited and tried – he would be at risk of torture and inhuman and degrading treatment; moreover, he would be denied a fair trial. He also complained under Article 5 § 1 that his detention pending extradition was unreasonably long and, therefore, arbitrary.

6 October 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Diplomatic assurances - Extradition - Freedom from torture, inhuman and degrading treatment | Countries: China - Poland

CASE OF N.K. v. RUSSIA (Application no. 45761/18)

1. The case concerns removal of the applicant to Tajikistan, in breach of an interim measure issued by the Court, and the conditions and lawfulness of the applicant’s detention pending removal. Articles 3, 5 and 34 of the Convention are, principally, invoked.

29 March 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Expulsion - Extradition - Freedom from torture, inhuman and degrading treatment | Countries: Russian Federation - Tajikistan

CASE OF SHENTURK AND OTHERS v. AZERBAIJAN (Applications nos. 41326/17 and other applications – see appended list)

10 March 2022 | 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 - Expulsion - Extradition - Non-refoulement | Countries: Azerbaijan - Türkiye

CASE OF KOMISSAROV v. THE CZECH REPUBLIC (Application no. 20611/17)

3 February 2022 | 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 - Extradition - Refugee status determination (RSD) / Asylum procedures | Countries: Czech Republic - Russian Federation

Allanazarova v. Russia

14 February 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Chinese - Extradition - Minority rights - Physical harm - Prison or detention conditions - Refugee / Asylum law | Countries: Russian Federation - Turkmenistan

U.N. v. Russia

26 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Extradition - Freedom from torture, inhuman and degrading treatment - Uzbek | Countries: Kyrgyzstan - Russian Federation

Tadzhibayev v. Russia

1 December 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Extradition - Freedom from torture, inhuman and degrading treatment - Torture - Uzbek | Countries: Kyrgyzstan - Russian Federation

Mukhitdinov v. Russia

21 May 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Extradition - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Statelessness - Withdrawal of nationality | Countries: Russian Federation - Uzbekistan

Eshonkulov v. Russia

15 January 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Extradition - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions | Countries: Russian Federation - Uzbekistan

Trabelsi v. Belgium

4 September 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Extradition - Freedom from torture, inhuman and degrading treatment - Suspensive effect | Countries: Belgium - Tunisia - United States of America

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