Back European Court of Human Right rulings in two expulsion cases

European Court of Human Right rulings in two expulsion cases

In its Chamber judgment of 7 November 2017, in the case of K.I. v. Russia (application no. 58182/14), the European Court of Human Rights found, in particular, that there would be a violation of Article 3 (prohibition of ill-treatment) of the European Convention on Human Rights if the applicant were removed to Tajikistan. The Court further held that there had been no violation of Article 5 § 1 (right to liberty and security) of the Convention as regards the applicant’s detention pending extradition. It lastly considered that there had been a violation of Article 5 § 4 (right to have lawfulness of detention decided speedily by a court) of the Convention, finding that the domestic courts had failed to ensure the diligent and speedy conduct of the appeal proceedings.

The case of X v. Germany (no. 54646/17), declared inadmissible by the European Court of Human Rights in a decision handed down on 30 November 2017, concerned the expulsion from Germany to Russia of a Russian national who was born in Dagestan and grew up in Germany, suspected of being willing to participate in terrorist attacks. Like the domestic courts, the Court concluded that there were no substantial grounds for believing that the applicant, if deported to Moscow, would be exposed to a real risk of being subjected to treatment contrary to Article 3 (prohibition of ill-treatment) of the European Convention on Human Rights as he had no connection with the conflicts in the Northern Caucasus. In particular, the Court saw no reason to depart from the domestic courts’ decisions, which had carefully weighed all the evidence and had made a comprehensive assessment of the applicant’s case.

European Court of Human Rights
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