O.G.S. v. SPAIN and 1 other application - 62799/11 [2012] ECHR 1552 (07 July 2012)

Not applicable at this stage; the Court issued questions to the parties regarding risk under Articles 2 and 3 and the existence of an effective remedy under Article 13.

Citation: [2012] ECHR 1552
Parties: Applicant: O. G. S.; Applicant: D. M. L.; Respondent: Spain
Jurisdiction: European Union
Judgment Date: 07 July 2012
Procedural Posture: Application to the European Court of Human Rights / Preliminary Questions Issued After Interim Measures Granted
Outcome: Interim measures granted; removal suspended pending further proceedings.
Legal Topics: Asylum, Non Refoulement, Right to Life, Prohibition of Torture, Effective Remedy

Human Rights Law Immigration Law Asylum Non Refoulement Right to Life Prohibition of Torture Effective Remedy

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Parties

O. G. S.

Applicant

D. M. L.

Applicant

Spain

Respondent

Procedural Posture

Application to the European Court of Human Rights / Preliminary Questions Issued After Interim Measures Granted

Legal Issues

1 Whether removal to Colombia would expose applicants to a real risk of death or ill-treatment contrary to Articles 2 and 3 of the Convention
2 Whether applicants had access to an effective remedy with automatic suspensive effect as required by Article 13 of the Convention

Ratio Decidendi

Not applicable at this stage; the Court issued questions to the parties regarding risk under Articles 2 and 3 and the existence of an effective remedy under Article 13.

Court Disposition

Interim measures granted; removal suspended pending further proceedings.

Orders

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