Communicated Cases against Lithuania and Ukraine

Friday, March 12, 2021

T.K. and Others v Lithuania (applications no. 55978/20) concerning the applicants, T.K., O.O. and their four minor children who are nationals of Tajikistan. They arrived in Lithuania in 2019 and lodged two unsuccessful asylum application submitting that they faced a risk of persecution in Tajikistan on account of T.K.’s political activities. The Lithuanian authorities acknowledged that T.K. had been a member of an opposition party which had been banned and declared a terrorist group, however it considered that T.K. had not held a particularly active role and only leaders or active members would face a risk of persecution. After unsuccessfully appealing the decision, the applicants’ family were to be removed. The ECtHR decided to apply Rule 39, indicating to the Lithuanian Government that the applicants should not be removed to Tajikistan. The applicants complain under Article 3 ECHR that removal to Tajikistan would expose them to a real risk of inhuman or degrading treatment. They also complain under Article 3 and 13 ECHR that the Lithuania authorities failed to duly examine the relevant country of origin information and failed to carry out a rigorous and adequate examination of their risk of ill treatment in Tajikistan.

Gabriel Stati and Aurel Marinescu v Ukraine (application no. 54578/15) concerns two Moldovan nationals who were accused of being involved in post-election clashes in Moldova. The applicants travelled to Ukraine by car. The Moldovan authorities requested their extradition and on the same day, the applicants were arrested while trying to fly to Romania. They requested political asylum in Ukraine. On 15 April 2009, the applicants were subsequently extradited to Moldova. They allege that their requests for asylum were not examined by the Ukrainian authorities and that they had no chance to challenge the extradition decisions. The applicants claim under Article 3 ECHR that the Ukrainian authorities failed to properly examine their claims of a risk of ill treatment in Moldova.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.