Bader and Kanbor against Sweden - 13284/04 [2010] ECHR 1450 (15 September 2010)

Bader and Kanbor against Sweden - 13284/04 [2010] ECHR 1450 (15 September 2010)

The deportation of the applicants to Syria would give rise to violations of Articles 2 and 3 of the Convention, as there were substantial grounds for believing the first applicant would be exposed to a real risk of execution and ill-treatment following a flagrantly unfair trial.

Citation
[2010] ECHR 1450
Parties
Applicants: Bader and Kanbor; Respondent: Sweden
Jurisdiction
European Union
Judgment Date
15 September 2010
Procedural Posture
Application to the European Court of Human Rights / Execution of Final Judgment
Outcome
Case closed; Sweden complied with judgment.
Legal Topics
Deportation, Right to Life, Prohibition of Torture, Fair Trial, Asylum

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bader and Kanbor

Applicants

Sweden

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Final Judgment

  1. 1 Whether deportation to Syria would violate Articles 2 and 3 of the Convention
  2. 2 Whether the applicants faced a real risk of execution or ill-treatment upon return to Syria
  3. 3 Whether the trial in Syria constituted a flagrant denial of a fair trial

Ratio Decidendi

The deportation of the applicants to Syria would give rise to violations of Articles 2 and 3 of the Convention, as there were substantial grounds for believing the first applicant would be exposed to a real risk of execution and ill-treatment following a flagrantly unfair trial.

Court Disposition

Case closed; Sweden complied with judgment.

Orders

  • Applicants granted permanent residence permit in Sweden
  • No further individual measures necessary