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*Law of Aliens

Published on February 11th, 2018 | by Georgia Archonti


Communicated cases against Poland, Russia and Netherlands

The European Court of Human Rights (ECtHR) has recently communicated three asylum-related cases:

  • M.Z. and others v. Poland (application no. 79752/16): the applicants are a Tajiki family who applied for asylum at the Polish-Ukrainian border post after fourteen previous attempts. They were placed in detention in October 2016 for a period of 60 days which was renewed on several occasions despite the applicant’s physical and mental health concerns. The applicants complain under Article 3 ECHR regarding the effects of the detention on a victim of violence; under Article 5 (1) and (4) ECHR regarding the lawfulness of the detention and the fact that the situation of children involved was not taken into account; and under Article 8 ECHR concerning the impact of the lengthy detention on their family life.
  • S.S. v. Russia (application no. 35322/17 and 4 others): the applicants are nationals of Uzbekistan and Tajikistan who were detained in Russia under search warrants after being charged with religious and politically motivated crimes in their countries of origin. Their applications for international protection in Russia were rejected. Four of the applicants complain that they would be exposed to a real risk of treatment contrary to Article 3 ECHR if removed to their countries of origin. One applicant, who was extradited to Tajikistan in breach of an interim measure indicated by the ECtHR, complains that his extradition breached Articles 3 and 34 ECHR. The applicants also bring complaints in relation to their detention proceedings and the conditions in the different facilities.

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