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15/09/2022
The ECtHR found a violation of Article 3 of the European Convention due to the expulsion from Ukraine to Kyrgyzstan without assessing the risk of ill-treatment.

ECLI
ECLI:CE:ECHR:2022:0915JUD001860312
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Council of Europe, European Court of Human Rights [ECtHR], O.M. and D.S v Ukraine, No 18603/12, ECLI:CE:ECHR:2022:0915JUD001860312, 15 September 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=2752
Case history
Other information
Abstract

According to the press release of the ECtHR of 15 September 2022:


"The applicants, O.M. and D.S., are Kyrgyz nationals who were born in 1968 and 2007 respectively and live in the Netherlands. O.M. is D.S.’s mother. O.M. – an ethnic Ukrainian – was a journalist and former member of the Kyrgyz Parliament. In 2010, following O.M.’s husband’s suspicious death, civil unrest and her having been charged with connected crimes, the applicants fled Kyrgyzstan for Kazakhstan, ultimately electing to move to Europe to seek asylum there. The case concerns their treatment in Kyiv Airport by the authorities when they sought protection on arrival. They were removed to Georgia. They were ultimately given asylum in the Netherlands, allegedly on account of their fear of ill-treatment and an unfair trial if returned to Kyrgyzstan. Relying on Article 3 (prohibition of inhuman or degrading treatment), Article 5 (right to liberty and security), Article 13 (right to an effective remedy), and Article 34 (right of individual application), the applicants complain, in particular, that their removal to Georgia was in breach of the interim measure indicated by the Court and did not take account of the risk to them of real harm if returned to Kyrgyzstan, of a lack of an effective remedy in that respect, and of unlawful detention by Ukrainian border guards."


The court found a violation of Article 3 of the European Convention due to the expulsion from Ukraine to Kyrgyzstan without assessing the risk of ill-treatment.


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
No 18603/12
Date of Decision
15/09/2022
Country of Origin
Kyrgyzstan
Keywords
Access to procedures
Non-refoulement
Torture or inhuman or degrading treatment or punishment
RETURN