D.O.R. v. SPAIN - 45858/11 (Communicated Case) [2012] ECHR 1294 (03 July 2012)

D.O.R. v. SPAIN - 45858/11 (Communicated Case) [2012] ECHR 1294 (03 July 2012)

Not applicable; the case is at the communicated stage and no final decision on the merits has been issued.

Source-derived case information.

Citation
[2012] ECHR 1294
Parties
Applicant: D. O. R.; Respondent: Spain
Jurisdiction
European Union
Judgment Date
03 July 2012
Procedural Posture
Application to the European Court of Human Rights / Communicated Case; Interim Measures Granted
Outcome
Interim measures granted; removal suspended pending decision on merits
Legal Topics
Non Refoulement, Right to Life, Prohibition of Torture, Effective Remedy
Human Rights Immigration Law Asylum Law Non Refoulement Right to Life Prohibition of Torture Effective Remedy

Source-derived case record

Summary, issues, holding and outcome

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Parties

D. O. R.

Applicant

Spain

Respondent

Procedural Posture

Application to the European Court of Human Rights / Communicated Case; Interim Measures Granted

Legal Issues

  1. 1 Whether removal of the applicant to Colombia would violate Articles 2 and 3 of the Convention
  2. 2 Whether the applicant had access to an effective remedy with automatic suspensive effect under Article 13

Ratio Decidendi

Not applicable; the case is at the communicated stage and no final decision on the merits has been issued.

Court Disposition

Interim measures granted; removal suspended pending decision on merits

Orders

  • Spanish Government to halt removal of applicant to Colombia until one week after the Audiencia Nacional determines the substance of the case