The ECHR judgment of 08 October 2019 in the case of R.K. (R.K.) v. Russia (application No. 30261/17).
In 2017, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.
The case has successfully examined the application that the applicant’s return to the Democratic Republic of the Congo would constitute a violation of his right to life and a ban on ill-treatment. The applicant also alleged that his detention was unlawful. The case has violated the requirements of subparagraph "f" of paragraph 1 and paragraph 4 of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms. There are no violations of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
In his application, the complainant complained that his return to the Democratic Republic of the Congo would constitute a violation of his right to life and a ban on ill-treatment. He also claimed that his detention was unlawful.
On 08 October 2019, in an application lodged by the applicant, the Court unanimously decided that the forced return of the applicant to the Democratic Republic of the Congo would not result in a violation of Article 3 of the Convention, however, that there had been a violation of the requirements of paragraph 1 (f) and Article 5 (4) Convention (the right to liberty and security of person), and ordered the respondent Government to pay the applicant 5,000 euros in respect of non-pecuniary damage.