Belarusian nationals that are able to provide the proves of their political activities and of the pressure of the authorities, to the extent satisfying the interpretation of Article 3 of the ECHR, cannot be deported or extradited by any of the 47 member countries of the Council of Europe. It follows from the analysis of the EctHR judgments in cases involving the Belarusian nationals.
Belarus is the only country in Europe which is not a member state of the Council of Europe. Accordingly, it is not subject to the jurisdiction of the European Court of Human Rights. Yet the nationals of our country may lodge complaints with the Strasbourg Court against the governmental agencies of the 47 member countries of the Council of Europe. And they do exercise this right.
This research study systematizes all the decisions and judgments of the ECtHR in the cases of the nationals of Belarus. According to the findings, two thirds of their complaints were lodged against the Governments of Ukraine and Russia. 82% of the Belarusians' complaints to the ECtHR (23 out of 28) challenged the intention of the foreign governments to deport/extradite/expat the complainant to Belarus. The applicants in this case category refer to a violation of Article 3 of
the ECHR, namely, to the probability of being subjected to torture or to inhuman or degrading treatment or punishment.
However, the standards of proof, applied by the ECtHR when considering a violation of Article 3, are rather strict. Only in two cases (Koktysh v. the Ukraine and Y.P. and L.P. v. France) the EСtHR found a violation of the Article 3 in case of extradition or deportation. Besides, in 12 more cases filed by the nationals of Belarus, the ECtHR found other violations of the ECHR provisions on the part of the governmental agencies of the Council of Europe member states.
Research study "Cases of Belarusian nationals at the European Court of Human Rights" available in PDF format below.
