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Justice Matrix · Case profile

CASE OF S.H. v. MALTA (no. 37241/21)

Council of Europe (ECtHR)2022
FavorableLow precedent
Strategic issue

What was at stake

Whether the applicant's proposed expulsion to Bangladesh would expose him to a real risk of torture and deprive him of an effective remedy, contrary to the prohibition of torture and the right to an effective remedy.

Key holding

What the court decided

The Court held that the applicant's removal to Bangladesh would place him at a real risk of torture, breaching the prohibition of torture, and that the domestic system failed to provide an effective remedy, violating the right to an effective remedy; it also awarded the applicant non‑pecuniary damages.

Issue areas

Categories

refugeeasylumnon-refoulementarticle 3
Source

Authoritative link

Source of record
https://hudoc.echr.coe.int/eng?i=001-221838
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