S.B. AND S.Z. v. RUSSIA - 65122/17 (Judgment : Article 3 - Prohibition of torture : Third Section Committee) [2019] ECHR 711 (08 October 2019)

S.B. AND S.Z. v. RUSSIA - 65122/17 (Judgment : Article 3 - Prohibition of torture : Third Section Committee) [2019] ECHR 711 (08 October 2019)

The Russian authorities failed to adequately assess the real risk of ill-treatment faced by the applicants if removed to their countries of origin, in violation of Article 3 of the Convention. The applicants belonged to vulnerable groups previously recognized as at risk, and the authorities did not conduct a...

Source-derived case information.

Citation
[2019] ECHR 711
Parties
Applicant: S. B.; Applicant: S. Z.; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
08 October 2019
Procedural Posture
Human Rights Application (echr) / Judgment on Merits
Outcome
Violation of Article 3 found in respect of S. B.; violation would occur in respect of S. Z. if removed; no need to examine Article 13 complaint; partial award of costs and expenses; other claims dismissed.
Legal Topics
Prohibition of Torture, Non Refoulement, Extradition, Expulsion, Right to Effective Remedy
Human Rights Law International Law Prohibition of Torture Non Refoulement Extradition Expulsion Right to Effective Remedy

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Parties

S. B.

Applicant

S. Z.

Applicant

Russian Federation

Respondent

Procedural Posture

Human Rights Application (echr) / Judgment on Merits

Legal Issues

  1. 1 Whether removal of applicants to Tajikistan and Uzbekistan would expose them to a real risk of ill-treatment contrary to Article 3 of the Convention
  2. 2 Whether Russian authorities adequately assessed the risk of ill-treatment
  3. 3 Whether there was a violation of Article 3 of the Convention

Ratio Decidendi

The Russian authorities failed to adequately assess the real risk of ill-treatment faced by the applicants if removed to their countries of origin, in violation of Article 3 of the Convention. The applicants belonged to vulnerable groups previously recognized as at risk, and the authorities did not conduct a rigorous scrutiny of the risks involved.

Court Disposition

Violation of Article 3 found in respect of S. B.; violation would occur in respect of S. Z. if removed; no need to examine Article 13 complaint; partial award of costs and expenses; other claims dismissed.

Orders

  • Joined the applications.
  • Declared the Article 3 complaint admissible.