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Court: European Court of Human Rights

UK found to have violated immigration detainee’s rights protected by article 5 of the ECHR

JN v United Kingdom (App No. 37289/12)

The ECtHR found that while the UK’s immigration detention system as a whole was not contrary to ECHR, art 5, the applicant’s period of detention for immigration purposes after mid-2008 did amount to a violation of ECHR, art 5(1)(f), given the authorities’ inaction in this regard. The applicant was awarded damages of €7,500 damages, as well as costs and expenses.

Guarantees of care required before returning asylum seekers to Italy

Tarakhel v Switzerland (App No. 29217/12)

Landmark decision from Grand Chamber on “Dublin Regulation”. Grand Chamber held that sending Afghan family of asylum seekers back to Italy without individual guarantees concerning their care would be in violation of ECHR, art 3. Presumption of compliance reduced practically to zero, and series of Chamber decisions on safety of Italy overruled.