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22/03/2022
The ECtHR found a potential violation of Art 3 if the applicants are returned to Tajikistan without a fresh assessment of the existing ill-treatment practices
22/03/2022
The ECtHR found a potential violation of Art 3 if the applicants are returned to Tajikistan without a fresh assessment of the existing ill-treatment practices

ECLI
ECLI:CE:ECHR:2022:0322JUD005597820
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights (ECHR)
Reference
Council of Europe, European Court of Human Rights [ECtHR], T.K. and others v Lithuania, 55978/20, ECLI:CE:ECHR:2022:0322JUD005597820, 22 March 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2486
Case history
Other information
Abstract

According to the ECtHR Press Release:


The applicants, T.K., O.O. and their four children, are Tajik nationals who were born between 1981 and 2013 and live in Vilnius. The case concerns the proceedings by which the applicants were denied asylum in Lithuania, and their potential removal to Tajikistan. They had arrived in Lithuania in 2019 and claimed asylum there, arguing that T.K. was a member of Islamic Renaissance Party of Tajikistan, which was a banned organisation in that country. On 23 December 2020 the Court applied an interim measure, indicating that the applicants should not be removed to Lithuania for the duration of the proceedings before the Court. Relying on Article 3 (prohibition on inhuman and degrading treatment) and Article 13 (right to an effective remedy) of the European Convention, the applicants complain that their removal to Tajikistan would expose them to a risk of ill-treatment. They also complain that the Lithuanian authorities have not correctly assessed that risk. Violation of Article 3 - should the applicants be returned to Tajikistan without a fresh assessment of the existing ill-treatment practices in that country Interim measure (Rule 39 of the Rules of Court): still in force until the present judgment becomes final or until further notice.


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
55978/20
Date of Decision
22/03/2022
Country of Origin
Tajikistan
Keywords
Return/Removal/Deportation
Torture or inhuman or degrading treatment or punishment