F.H. v. SWEDEN View

Notes

Date	20/01/2009
AppNr	32621/06
Body	Court (Third Section)
Type	Judgment (Merits)
Articles	2; 2-1; 3
Violated / NonViolated	23
Citations	35-1132368

Conclusions:

No violation of Art. 2
No violation of Art. 3

Keywords:

(art. 2-1) life
(art. 3) degrading treatment
(art. 3) inhuman treatment

ECHR Notes

Originating Body	Court (Third Section)
Document Type	Judgment (Merits)
Language	ENGLISH
Application Number	32621/06
Importance Level	2
Represented by	BREDBERG H.
Respondent State	Sweden
Date of Judgment	20/01/2009
Conclusion	No violation of Art. 2 ; No violation of Art. 3
Articles	2 ; 2-1 ; 3
Rules of Court	39
Separate Opinions	Yes
Law at Issue	Chapter 1, Article 8 of the Penal Code ; Chapter 8, sections 8, 11 and 14, Chapter 12, sections 4, 14 and 20 of the 2005 Aliens Act
Strasbourg Case Law	Collins and Akasiebie v. Sweden (dec.), no. 23944/05, 8 March 2007 ; H.L.R. v. France, 29 April 1997, §§ 40, 41, Reports 1997-III ; Matsiukhina and Matsiukhin v. Sweden (dec.), no. 31260/04, 21 June 2005 ; N. v. Finland, no. 38885/02, § 167, 26 July 2005 ; NA v. the United Kingdom, no. 25904/07, §§ 115, 122, 17 July 2008 ; Saadi v. Italy [GC], no. 37201/06, §§ 125, 131, ECHR 2008-... ; Üner v. the Netherlands [GC], no. 46410/99, § 54, ECHR 2006-... ; Vilvarajah and Others v. the United Kingdom, judgment of 30 October 1991, Series A no. 215, § 108 in fine
External Sources	International Center for Transitional Justice, Briefing Paper: Iraq’s New “Accountability and Justice” Law, 22 January 2008 ; Landinfo, Baath-partiet. Medlemskapsnivåer og partiorganisasjon [The Ba’ath Party. Membership levels and party organisation], 13 June 2008 ; UNGA, A/51/496, Note by the Secretary-General, Situation of Human Rights in Iraq, 15 October 1996 ; ICTJ Briefing Paper and International Herald Tribune, Solomon Moore, Uncertainty surrounds new Iraqi De-ba’athification law, 14 January 2008 ; US Department of State, Iraq, Country Reports on Human Rights Practices 2007, 11 March 2008 ; Center for Excellence, Iraq Crisis Report, 29 October 2008 ; Reuters, Factbox: Iraq’s amnesty and provincial powers law, 18 February 2008 ; Iraq Updates, Voices of Iraq, More than 120,000 detainees covered by amnesty law, 12 October 2008 ; UNAMI press releases 24 October 2008, UNAMI Commemorates the 63rd United Nations Day ; United Press International, Sadr declares another ceasefire, 29 August 2008 ; Human Rights Watch, World Report -Iraq, 31 January 2008 ; US Department of State, International Religious Freedom Report 2007 -Iraq, 14 September 2007 ; US Department of State, Iraq Weekly Status Report, 15 and 22 October 2008 ; UNHCR, Strategy for the Iraq Situation, as revised 1 January 2007 and Addenum to UNHCR’s Eligibility Guidelines for Assessing the International Protection Needs of Iraqi Asylum-seekers, December 2007 ; UNHCR, UNCHR urges reinforced EU commitment to protection of Iraqi refugees, 23 September 2008 ; United Nations and the International Organisation for Migration, Assessment of Iraqi Return, August 2008 ; Amnesty International, Iraq - Rhetoric and reality: the Iraqi refugee crisis, June 2008
Keywords	"(Art. 2-1) LIFE" "(Art. 3) DEGRADING TREATMENT" "(Art. 3) INHUMAN TREATMENT"

Application Documents 1

F.H. v. SWEDEN

Court (Third Section) Decision

13/05/2008

References 11

	51 NA. v. THE UNITED KINGDOM 3 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	17/07/2008
	105 SAADI v. ITALY 3 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	28/02/2008
	16 COLLINS and AKAZIEBIE v. SWEDEN Court (Third Section) Decision	08/03/2007
	40 N. v. FINLAND 3 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	26/07/2005
	22 UNER v. THE NETHERLANDS 8 Court (Second Section) Judgment (Merits)	05/07/2005
	13 V. MATSIUKHINA AND A. MATSIUKHIN v. SWEDEN Court (Second Section) Decision (Final)	21/06/2005
	26 SAID v. THE NETHERLANDS Court (Second Section) Decision (Partial)	17/09/2002
	50 JABARI v. TURKEY 3, 13 Court (Fourth Section) Judgment (Merits)	11/07/2000
	90 H.L.R. v. FRANCE 3 Court (Grand Chamber) Judgment (Merits)	29/04/1997
	370 CHAHAL v. THE UNITED KINGDOM 3, 5-4, 13, 5-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	15/11/1996
	271 VILVARAJAH AND OTHERS v. THE UNITED KINGDOM 3, 13 Court (Chamber) Judgment (Merits)	30/10/1991

Citations Breakdown

1–8 of 8

Citations 8

	AHORUGEZE v. SWEDEN 3, 6 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	27/10/2011
	SAMINA v. SWEDEN 3 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	20/10/2011
	HUSSEINI v. SWEDEN 3, 8 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	13/10/2011
	AUAD v. BULGARIA 3, 13, 5-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	11/10/2011
	1 N.M. AND M.M. v. THE UNITED KINGDOM Court (Fourth Section) Decision	25/01/2011
	B. A. v. FRANCE 2, 3 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	02/12/2010
	4 N. v. SWEDEN 3 Court (Third Section) Judgment (Merits and Just Satisfaction)	20/07/2010
	KLEIN v. RUSSIA Court (First Section) Judgment (Merits and Just Satisfaction)	01/04/2010

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