R.K. v. RUSSIA - 30261/17 (Judgment : No Article 3 - Prohibition of torture : Third Section) [2019] ECHR 691 (08 October 2019)

R.K. v. RUSSIA - 30261/17 (Judgment : No Article 3 - Prohibition of torture : Third Section) [2019] ECHR 691 (08 October 2019)

Applicant failed to demonstrate substantial grounds for believing he would face a real risk of treatment contrary to Article 3 if returned to the DRC; detention pending expulsion was unlawful and lacked effective judicial review, violating Article 5 §§ 1(f) and 4.

Source-derived case information.

Citation
[2019] ECHR 691
Parties
Applicant: R. K.; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
08 October 2019
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Final Judgment
Outcome
Application partly allowed
Legal Topics
Expulsion, Detention, Asylum, Effective Remedies
Human Rights Law Immigration Law International Law Expulsion Detention Asylum Effective Remedies

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Parties

R. K.

Applicant

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Final Judgment

Legal Issues

  1. 1 Whether expulsion to the DRC would violate Articles 2 and 3 of the Convention
  2. 2 Whether detention pending expulsion violated Article 5 §§ 1(f) and 4
  3. 3 Whether effective remedies were available under Article 13

Ratio Decidendi

Applicant failed to demonstrate substantial grounds for believing he would face a real risk of treatment contrary to Article 3 if returned to the DRC; detention pending expulsion was unlawful and lacked effective judicial review, violating Article 5 §§ 1(f) and 4.

Court Disposition

Application partly allowed

Orders

  • No violation of Article 3 regarding expulsion to DRC
  • Violation of Article 5 §§ 1(f) and 4 regarding detention