The ECHR has found a violation of the requirements of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and there will also be a violation of Article 3 of the Convention for the Protection of Human Rights and Fundame

Заголовок: The ECHR has found a violation of the requirements of Article 5 of the Convention for the Protection of Huma Сведения: 2020-04-23 04:09:42

The ECHR judgment of 08 October 2019 in the case of “R.R. and A.R. (R.R. and A.R.) v. Russian Federation” (applications Nos. 67485/17 and 24014/18).

In 2017 and 2018, the applicants were assisted in preparing applications. Subsequently, the applications were consolidated and communicated by the Russian Federation.

The case has successfully examined applications that the authorities did not consider the applicants' allegations that they could be at risk of ill-treatment if they are expelled to their countries of origin. There was a violation of the requirements of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and there would also be a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if the applicants were deported to their countries of origin.

In their applications, the applicants complained that the authorities had not examined their allegations that they could be at risk of ill-treatment if expelled to their countries of origin.

On October 8, 2019, in response to the applications submitted by the applicants, the Court unanimously decided that there would be a violation of Article 3 of the Convention (prohibition of torture) if the applicants were deported to their countries of origin.

The Court unanimously ruled that in the present case the Government violated the requirements of Article 5 of the Convention (the right to liberty and security of person) in respect of the two applicants, deciding that the finding of a violation in itself constitutes sufficient just satisfaction in respect of non-pecuniary damage.

 

 

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