M.G. v. Bulgaria - 59297/12 - Legal Summary [2014] ECHR 632 (25 March 2014)

M.G. v. Bulgaria - 59297/12 - Legal Summary [2014] ECHR 632 (25 March 2014)

The Court found that, given the ongoing situation in the northern Caucasus, the applicant's refugee status, the insufficiency of diplomatic assurances, and the lack of effective safeguards by Bulgarian authorities, extradition would expose the applicant to a real risk of torture or inhuman or degrading treatment,...

Source-derived case information.

Citation
[2014] ECHR 632
Parties
Applicant: M. G.; Respondent: Bulgaria
Jurisdiction
European Union
Judgment Date
25 March 2014
Procedural Posture
Extradition Proceedings / Judgment
Outcome
extradition would constitute a violation of Article 3 ECHR
Legal Topics
Article 3 ECHR, Prohibition of Torture, Refugee Protection, Risk of Ill Treatment Upon Extradition
Human Rights Law Extradition Law Article 3 ECHR Prohibition of Torture Refugee Protection Risk of Ill Treatment Upon Extradition

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Parties

M. G.

Applicant

Bulgaria

Respondent

Procedural Posture

Extradition Proceedings / Judgment

Legal Issues

  1. 1 Whether the applicant's extradition to Russia would violate Article 3 of the European Convention on Human Rights due to risk of torture or inhuman or degrading treatment

Ratio Decidendi

The Court found that, given the ongoing situation in the northern Caucasus, the applicant's refugee status, the insufficiency of diplomatic assurances, and the lack of effective safeguards by Bulgarian authorities, extradition would expose the applicant to a real risk of torture or inhuman or degrading treatment, thus violating Article 3 of the Convention.

Court Disposition

extradition would constitute a violation of Article 3 ECHR

Orders

  • finding of violation; no further just satisfaction awarded as the finding itself suffices for non-pecuniary damage