Retour ECtHR rules in three migration-related cases Involving Belgium, Greece and Serbia

ECtHR rules in three migration-related cases Involving Belgium, Greece and Serbia

The European Court of Human Rights (ECtHR) found violations of the European Convention on Human Rights in migration-related cases brought against Belgium, Greece and Serbia. 

F.B. v. Belgium (Application No. 47836/21)
In a unanimous judgment, the Court held that Belgium violated Article 8 (right to respect for private life) in a case involving the withdrawal of support for an unaccompanied foreign minor. The applicant, a young girl, had her minor status questioned based on bone testing, leading to the loss of protections afforded to child migrants. The Court emphasized that the procedure lacked sufficient safeguards: the applicant was not clearly informed about the need for her consent to the test, and the invasive medical exams were carried out before other, less intrusive alternatives were explored.
Damages awarded: €5,000 in respect of non-pecuniary damage, plus any amount that may be due on that sum by way of tax.

Almukhlas and Al-Maliki v. Greece (Application No. 22776/18)
The Court found multiple breaches of Article 2 (right to life) in a tragic case concerning the death of the applicants’ minor son during a coastguard interception operation near the Greek island of Symi in 2015. The boy was fatally shot during an attempt to stop a migrant boat. The ECtHR held that Greece failed to properly plan and conduct the operation and did not conduct an effective investigation into the circumstances of the boy’s death. However, it did not find a violation regarding the actual use of force.
Damages awarded: €80,000 jointly for non-pecuniary damage

Ali v. Serbia (Application No. 4662/22)
In this case, the Court ruled that Serbia violated both Article 3 (prohibition of inhuman or degrading treatment) and Article 34 (right to individual application). The applicant, a Bahraini national and political activist, was extradited to Bahrain despite claiming a real risk of torture, persecution, or life imprisonment without parole. The Serbian courts failed to properly assess these risks, and the extradition was carried out despite an interim measure ordered by the Court.
Damages awarded: €9,800 for non-pecuniary damage

 

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