Legal Information

31 December 2020 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses

31 December 2020 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses

31 December 2020 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses

European Court of Human Rights (ECtHR) issued its decision in the Kandyba and Others against Ukraine case regarding payment of pensions to residents of non-governmental controlled areas (NGCA) of the Donetsk and Luhansk oblasts. In their application to national courts, several pensioners requested cancelation of some provisions of Governmental Resolution #595 of 7 November 2014. This Resolution suspended the payment of pensions in the non-controlled territory. The applicants’ request was satisfied in 2016. Pensioners considered that with cancelation of the contradictory provisions in the governmental resolution, their pensions will be reinstated automatically. However, this did not take place and applicants decided to apply to the ECtHR. The Court dismissed the claim stating that applicants should have applied to a different respondent (the Pension Fund of Ukraine) and specifically asked to reinstate the suspended pensions. The ECtHR mentioned that there are upcoming judgements in cases where they will consider whether or not there is an obligation of the state to pay pensions to people living in NGCA.

19 November 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Ukrainians | Countries: Ukraine

The Court considered that criminalisation of homosexual acts was not sufficient to render return contrary to the Convention. The Court found, however, that the Swiss authorities had failed to adequately assess the risk of ill-treatment for the first applicant as a homosexual person in the Gambia and the availability of State protection against ill-treatment from non-State actors. Several independent authorities noted that the Gambian authorities were unwilling to provide protection for LGBTI people.

17 November 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): Expulsion - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: Gambia - Switzerland

The case concerned the applicant’s removal to Sudan by the Belgian authorities in spite of a court decision ordering the suspension of the measure. The Court found in particular that on account of procedural defects attributable to the Belgian authorities prior to the applicant’s removal to Sudan, he had been prevented from pursuing the asylum application that he had lodged in Belgium and the Belgian authorities had not sufficiently assessed the real risks that he faced in Sudan. In addition, by deporting the applicant in spite of the court order to suspend the measure, the authorities had rendered ineffective the applicant’s successful appeal.

27 October 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): Deportation / Forcible return - Effective remedy - Refugee status determination (RSD) / Asylum procedures - Suspensive effect | Countries: Belgium - Sudan

31 August 2020 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses

31 August 2020 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses

31 August 2020 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses

31 August 2020 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses