Communicated cases against Russia, the Netherlands, Serbia and Greece

Monday, January 22, 2018

The European Court of Human Rights has recently communicated several asylum-related cases:

  • Nurmatov v. Russia (application 56368/17): the application concerns an Uzbek national who is currently detained in a centre for the temporary detention of aliens in Moscow. He unsuccessfully applied for asylum in Russia as he feared being persecuted due to his sexuality in Uzbekistan (where consensual sexual intercourse between men is a crime). The applicant complains before the ECtHR that his removal to Uzbekistan would expose him to a real risk of ill-treatment in violation of Article 3 ECHR and that his detention pending expulsion is unlawful and contrary to Article 5(1) and (4) ECHR.
  • Soumah v. the Netherlands and 4 others applications (application 61452/15): the applicants are several Guinean women who had their asylum requests denied in the Netherlands and who fear that their minor daughters will be subjected to female genital mutilation if returned to Guinea, in breach of Article 3 ECHR.
  • A and others v. Serbia (application no. 37478/16): the application concerns a Libyan family who had their temporary residence permits cancelled on national security grounds in 2015, without any factual ground or evidence being presented. Their asylum requests were also rejected. They complain before the ECtHR that their expulsion to Libya would violate Articles 2 and 3 ECHR due to their political affiliation, and under Article 13 ECHR due to an alleged lack of effective remedy in Serbia.
  • Masoud Ahmed v. Greece (application no. 43129/13): the applicant is a Syrian man of Kurdish origin who reached Greece in 2011 and who was detained at different occasions and who had his asylum applications rejected. He complains under Article 5(1) that his detention was arbitrary because his return to Syria could not be envisaged and under Article 5(4) that there was a lack of effective judicial control of the lawfulness of his detention.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. 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, the IRC or its partners.



Female genital mutilation
Inhuman or degrading treatment or punishment
Sexual orientation