Case Law

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case. In view of the above, it is appropriate to strike the case out of the list and to discontinue the application of Rule 39 of the Rules of Court. For these reasons, the Court, unanimously, Decides to strike the application out of its list of cases.

16 November 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Illegal entry - Immigration Detention - Unaccompanied / Separated children | Countries: Afghanistan - Hungary

The case concerned the applicants’ confinement in the Röszke transit zone on the border with Serbia in April-August 2017. The Court found, in particular, that the lack of food provided to R.R. and the conditions of stay of the other applicants (a pregnant woman and children) had led to a violation of Article 3. It also found that that the applicants’ stay in the transit zone had amounted to a de facto deprivation of liberty and that the absence of any formal decision of the authorities and any proceedings by which the lawfulness of their detention could have been decided speedily by a court had led to violations of Article 5.

2 March 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Immigration Detention | Countries: Hungary

5 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Immigration Detention - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Prison or detention conditions | Countries: Hungary - Iran, Islamic Republic of

22 September 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Immigration Detention - Non-refoulement - Safe third country | Countries: Hungary - Serbia - Somalia

6 June 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Regional instruments - Safe third country | Countries: Austria - Hungary - Sudan

23 October 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Immigration Detention | Countries: Hungary - Lebanon - Palestine, State of

23 October 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Immigration Detention | Countries: Hungary - Iraq

This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.

20 September 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Asylum-seekers - Immigration Detention - Right to liberty and security | Countries: Côte d'Ivoire - Hungary