Title CASE OF M.S. v. SLOVAKIA AND UKRAINE (Application no. 17189/11)
Publisher Council of Europe: European Court of Human Rights
Publication Date 11 June 2020
Country Afghanistan | Slovakia | Ukraine
Topics Children's rights | Expulsion | Freedom from torture, inhuman and degrading treatment | Immigration Detention | Legal representation / Legal aid | Rejected asylum-seekers
Citation / Document Symbol ECLI:CE:ECHR:2020:0611JUD001718911
Related Document(s) Submission by UNHCR in the case of M.S. v. Slovakia and Ukraine (Appl. No 17189/11) before the European Court of Human Rights
Cite as CASE OF M.S. v. SLOVAKIA AND UKRAINE (Application no. 17189/11), ECLI:CE:ECHR:2020:0611JUD001718911 , Council of Europe: European Court of Human Rights, 11 June 2020, available at: https://www.refworld.org/cases,ECHR,5ef0853c4.html [accessed 23 May 2023]
Comments The applicant complained that the Slovakian authorities, having arrested him after he had crossed from Ukraine, had failed to inform him of the reasons for his arrest, in violation of Article 5 § 2 of the Convention. They had then returned him to Ukraine, where he had been detained in inadequate conditions in disregard of his alleged status as a minor, in breach of Article 3. He had been unable to participate effectively in the proceedings concerning his detention, and had eventually been returned to Afghanistan in the absence of an adequate assessment of the risks he had faced there, in breach of Article 3, Article 5 §§ 1, 2 and 4, and Article 13 of the Convention. Lastly, he alleged, under Article 34, that an NGO representative had been denied access to him in Ukraine, preventing him from lodging an application for an interim measure with the Court.
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