Just a few days ago Ukraine paid the Guinean applicant in the case of “Nur and Others v. Ukraine” (application no. 77647/11) EUR 9,800 in respect of the violation of her right to liberty and security. The applicant faced gender-based violence in Guinea and was forced to flee and seek international protection. She was a minor at the time of her detention. In the first stages of detention she was accompanied by her brother, but later they were placed in various MCCs.
The judgment in the case was handed down on 16 July 2020, but we refrained from reporting it because of the difficulties encountered by the applicant due to the incorrect translation of her name in the judgment. So far, the translation has been edited and we are ready to share our experience.
Strategic litigation expert Svitlana Butenko comments on the case:
“The violations committed by Ukraine concerned the apprehension and detention of the applicant in the THF and MCC. The ECtHR found that the applicant had been held in a THF for identification purposes for further expulsion beyond the statutory 10 days at the time, and that she had been kept in a MCC for almost 6 months, despite the fact that she was a minor, although the law expressly prohibited this. The appeal against the detention was not “prompt” and therefore, accordingly, effective, as the applicant’s complaint had been considered after her release from MCC”.