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Kebe and Others v Ukraine – 12552/12

Country Ukraine
Status FINAL
Court ECtHR
Relevant Law Article 3, 13
Year 2017
Found for Applicant

Concerning Ukrainian border security refusing 3 POM (2 Eritreans and 1 Ethiopian) access to asylum application procedure upon reaching the Ukrainian border. The border security then sent them back on the boat on which they came, which was going towards Saudi Aarabia. The applicants, one of whom was missing and another of whom had died by the time the case was heard, alleged that there had been a violation of article 3 ECHR as well as a violation of article 13 in conjunction with article 3. The remaining applicant argued that being put back on the boat exposed him to serious risk of ill-treatment in Saudi Arabia, but the court dismissed this claim, pointing to interim measures that the court had granted to allow the applicant to temporarily stay in Ukraine. However, the court found that there had been a violation of Article 13 in conjunction with Article 3, as the border security had denied the applicants due process before any intervention of the court.