KOCHIEVA AND OTHERS v. SWEDEN - 75203/12 - Admissibility Decision [2013] ECHR 549 (30 April 2013)

KOCHIEVA AND OTHERS v. SWEDEN - 75203/12 - Admissibility Decision [2013] ECHR 549 (30 April 2013)

The applicants' health conditions, while serious, did not reach the high threshold required by Article 3 for protection against expulsion, as they were not hospitalised, were managing daily life, and health care was available in Russia. The risk of suicide did not require Sweden to refrain from expulsion if appropriate preventive measures were taken. Article 8 was not violated as applicants could apply for visas to visit the grave. Article 6 was inapplicable to asylum proceedings. No discrimination under Article 14 was established as it was not invoked in conjunction with another substantive right.

Citation
[2013] ECHR 549
Parties
Applicant: Ludmila Kochieva; Applicant: K. Gobozova; Applicant: M. Gobozov; Respondent: Sweden
Jurisdiction
European Union
Judgment Date
30 April 2013
Procedural Posture
Application to the European Court of Human Rights / Admissibility Decision
Outcome
Application declared inadmissible
Legal Topics
Asylum, Expulsion of Aliens, Right to Life, Prohibition of Torture, Right to Respect for Private and Family Life, Right to a Fair Trial, Prohibition of Discrimination
Human Rights Law Immigration Law Asylum Expulsion of Aliens Right to Life Prohibition of Torture Right to Respect for Private and Family Life Right to a Fair Trial +1 more

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Parties

Ludmila Kochieva

Applicant

K. Gobozova

Applicant

M. Gobozov

Applicant

Sweden

Respondent

Procedural Posture

Application to the European Court of Human Rights / Admissibility Decision

Legal Issues

  1. 1 Whether expulsion to Russia would violate Article 2 (right to life) and Article 3 (prohibition of torture or inhuman or degrading treatment) of the Convention due to applicants' health and suicide risk
  2. 2 Whether expulsion would violate Article 8 (right to respect for private and family life) due to inability to visit a family member's grave
  3. 3 Whether Article 6 (right to a fair trial) applies to asylum proceedings

Ratio Decidendi

The applicants' health conditions, while serious, did not reach the high threshold required by Article 3 for protection against expulsion, as they were not hospitalised, were managing daily life, and health care was available in Russia. The risk of suicide did not require Sweden to refrain from expulsion if appropriate preventive measures were taken. Article 8 was not violated as applicants could apply for visas to visit the grave. Article 6 was inapplicable to asylum proceedings. No discrimination under Article 14 was established as it was not invoked in conjunction with another substantive right.

Court Disposition

Application declared inadmissible

Orders

  • Application is declared inadmissible under Article 35 §§ 3 (a) and 4 of the Convention.