New communicated cases against Russia and Spain

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Date: 
Friday, December 13, 2019
  • R.K. and 2 others v Russia (Application No. 41174/19): The applicants, all Syrian nationals failed to leave Russia upon the expiry of their visas and were detained by immigration authorities. They were subsequently issued with expulsion orders to Syria. Two applicants are detained pending expulsion. All of the applicants complain that their return to Syria would expose them to a real risk of death or ill treatment contrary to Articles 2 and 3 ECHR. They also complain under Article 13 ECHR that there existed no effective domestic remedy in respect of these complaints. The two detained applicants additionally complain that there detention is unlawful under Article 5 § 1 (f).

 

  • Looper v Spain (Application No. 51568/19): The applicant, a British national residing in Spain, was charged with murder in Thailand. The Thai authorities contacted the Spanish authorities requesting applicant’s arrest and extradition, which the British authorities had declined. The Spanish authorities granted the request on the condition that the death sentence would not be enforced and that the life sentence would not be irreducible. The guarantees of these conditions made by the Thai authorities were deemed to be sufficient and the applicant was detained pending extradition. The applicant complains under Articles 2 and 3 ECHR that he would face a risk of death or ill treatment if the extradition is enforced. He also complains under Article 6 ECHR that he may be denied fair proceedings.

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 pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.

 

 

Keywords: 
Detention
Inhuman or degrading treatment or punishment