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Council of Europe
Country of Decision : Council of Europe
Court Name : CoE: European Court of Human Rights [ECHR]
Date of decision : 18/03/2021
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : no. 72510/12

Turdikhojaev (Uzbekistan) vs Ukraine

The applicant, Uzbek national, was arrested upon arrival in Ukraine because he was on the international list of wanted persons. He was kept in detention until 7 June 2013, following the annulment of the extradition decision. On 10 April 2013 the applicant was granted refugee status in Sweden and allowed to resettle there.

The applicant complained before the ECtHR of the poor material conditions while in the pre-trial detention centre between 26 June 2012 – 7 June 2013 and for having been kept in a metal cage during court hearings. He also complained of an alleged violation of Article 5 for his detention and for not having an enforceable right for compensation.

The Court found a violation of Article 3 for the conditions of detention, overcrowding, and for having been kept in a metal cage during court hearings, without any proof that an actual and specific security risk justified the measure.

Under the Article 5, the Court noted that Ukrainian authorities were aware of his refugee status granted in Sweden and also that this fact was an impediment for the extradition towards Uzbekistan. Consequently, his detention pending the extradition procedure was not justified and there was a violation of Article 5 ECHR.

Detention/ Alternatives to Detention; Refugee Protection;

European Convention on Human Rights;

EASO IDS

Council of Europe,CoE: European Court of Human Rights [ECHR], Turdikhojaev (Uzbekistan) vs Ukraine, 18/03/2021
The ECtHR found a violation of Articles 3 and 5 of the European Convention in a case concerning an Uzbek national granted refugee protection in Sweden.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1836

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