Title CASE OF M.K. AND OTHERS v. POLAND (Applications nos. 40503/17, 42902/17 and 43643/17)
Publisher Council of Europe: European Court of Human Rights
Publication Date 23 July 2020
Country Belarus | Poland | Russian Federation
Topics Access to procedures | Effective remedy | Expulsion | Freedom from torture, inhuman and degrading treatment
Citation / Document Symbol ECLI:CE:ECHR:2020:0723JUD004050317
Related Document(s) CASE OF T.Z. AND OTHERS v. POLAND (Application no. 41764/17)
Cite as CASE OF M.K. AND OTHERS v. POLAND (Applications nos. 40503/17, 42902/17 and 43643/17), ECLI:CE:ECHR:2020:0723JUD004050317, Council of Europe: European Court of Human Rights, 23 July 2020, available at: https://www.refworld.org/cases,ECHR,63480d544.html [accessed 17 May 2023]
Comments The applicants alleged that the Polish authorities had repeatedly denied them the possibility of lodging an application for international protection, in breach of Article 3 of the Convention. They also invoked Article 4 of Protocol No. 4 to the Convention, alleging that their situation had not been reviewed individually and that they were victims of a general policy that was followed by the Polish authorities with the aim of reducing the number of asylum applications registered in Poland. The applicants stated that, under Article 13 in conjunction with Article 3 of the Convention and Article 4 of Protocol No. 4 to the Convention, lodging an appeal against a decision denying someone entry into Poland did not constitute an effective remedy as it would not be examined quickly enough, would have no suspensive effect and would not be examined by an independent body. Moreover, the applicants complained that the Polish authorities had not complied with the interim measures granted to them by the Court, in breach of Article 34 of the Convention.
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