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  • ECtHR judgment in Turluyeva v. Russia (no. 63638/09) [Articles 2, 3, 5 and 13 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant is a Russian national who lives in Chechnya. In October 2009, her son was detained by the police and he has not been seen ever since. Before the Court, the applicant contended under Article 2 that her son had been killed by Russian servicemen and that the authorities had failed to investigate his disappearance. She also complained of a violation of Article 3 owing to the suffering caused to her by the disappearance of her son, of a violation of Article 5 in relation to his detention and of a violation of Article 13.

  • Council of Europe: Parliamentary Assembly: approval of draft Protocol no. 15 to the ECHR

    Date: 
    Friday, October 4, 2013

    The Legal Affairs Committee of the Council of Europe's Parliamentary Assembly agreed this week that the draft Protocol no. 15 to the European Convention on Human Rights could be adopted and opened for signature and ratification as presently drafted. The main features of this Protocol, which amends the Convention, are the following:


    -The introduction, in the Preamble of the Convention, of a reference to the principle of subsidiarity and the doctrine of the margin of appreciation as developed in the case-law of the European Court of Human Rights.

  • European Commission: Rights of victims of trafficking in human beings

    Date: 
    Friday, October 4, 2013

    The European Commission published recently a paper that gives an overview of the rights of victims of trafficking in human beings based on EU law, which should also help Member States develop a similar overviews at national level. The paper is accessible at the website of DG Home.

  • CJEU judgment in Case C-277/1, M.M. v Minister for Justice, Equality and Law Reform, Ireland, 22 November 2012

    Date: 
    Friday, October 4, 2013

    (Reference for a preliminary ruling - Common European Asylum System - Directive 2004/83/EC - Minimum standards for qualification for refugee status or subsidiary protection status - Article 4(1), second sentence - Cooperation of the Member State with the applicant to assess the relevant elements of his application - Scope - Lawfulness of the national procedure for processing an application for subsidiary protection following rejection of an application for refugee status - Observance of fundamental rights - Right to be heard)

    Referred Questions:

  • Updated editions of the Refugee Law Reader launched by Hungarian Helsinki Committee

    Date: 
    Friday, October 4, 2013

    The Hungarian Helsinki Committee announced on 17/04/2012 the launch of three updated and expanded editions of the Refugee Law Reader: the Sixth Edition in English, the Second Edition in French and the First Edition in Russian. These editions, together with the previously launched Second Edition in Spanish, provide a comprehensive online model curriculum for the study and implementation of the complex and rapidly evolving field of international asylum and refugee law.

  • United Kingdom: RT (Zimbabwe) and others (Respondents) v Secretary for State for the Home Department (Appellant); KM (Zimbabwe) (FC) (Appellant) v Secretary of State for the Home Department [2012] UKSC 38,

    Date: 
    Friday, October 4, 2013

    The UK Supreme Court published on 25/07/2012 its judgment on the case of RT and Others v. the Secretary of State for the Home Department; KM, FC v. the Secretary of State for the Home Department. The first appeal concerns RT, SM and AM. They arrived in the UK from Zimbabwe at various times between 2001 and 2008 and have each claimed asylum here. Each of their claims was refused. RT, while credible, had never been politically active.

  • ILGA updates its surveys of law criminalising and protecting same-sex relationships

    Date: 
    Friday, October 4, 2013

    In May, the International Lesbian and Gay Association updated its world survey on laws criminalising and protecting same-sex relationships, entitled "State-Sponsored Homophobia". The report includes a short note arguing that the absence of criminalisation of homosexual activity does not demonstrate the absence of risk of persecution in a give country.

  • CJEU: upcoming hearing on reference from Dutch Council of State on membership of a particular social group and sexual orientation

    Date: 
    Friday, October 4, 2013

    11 April 2013: Joined cases C-199/12, C-200/12 and C-201/12, X, Y and Z.

    The CJEU will be holding a hearing concerning these three joined cases, in which the Dutch Council of State referred the following questions:

  • ECtHR decision in Barjamaj v. Greece (No. 36657/11) [Article 5 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant is an Albanian national who had been living without authorisation in Greece for ten years. In 2011, while he was still a minor, he was arrested and remanded in custody pending a decision on his expulsion. When this decision was taken, his detention was extended in order to prevent him from absconding. After spending a total of 14 days in detention, he was released upon an order of the administrative court of Athens. By the time of the judgment, the expulsion order had not been executed. Before the Court, Mr.

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