Council of Europe: European Court of Human Rights

The Court found in particular that the Hungarian authorities had failed in their duty under Article 3 to assess the risks of the applicants not having proper access to asylum proceedings in Serbia or being subjected to chain-refoulement, which could have seen them being sent to Greece, where conditions in refugee camps had already been found to be in violation of Article 3. In a development of its case-law, it held that Article 5 was not applicable to the applicants’ case as there had been no de facto deprivation of liberty in the transit zone. Among other things, the Court found that the applicants had entered the transit zone of their own initiative and it had been possible in practice for them to return to Serbia, where they had not faced any danger to their life or health. Their fears of a lack of access to Serbia’s asylum system or of refoulement to Greece, as expressed under Article 3, had not been enough to make their stay in the transit zone involuntary.

21 November 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Rejection at border - Right to liberty and security - Safe third country - Transit | Countries: Bangladesh - Greece - Hungary - North Macedonia - Serbia - Türkiye

violation of articles 3 and 5

21 June 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Expulsion - False documents - Freedom from torture, inhuman and degrading treatment - Right to liberty and security | Countries: Greece - Syrian Arab Republic

4 February 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion - Immigration Detention - Prison or detention conditions | Countries: Gambia - Greece

30 July 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion - Immigration Detention - Prison or detention conditions | Countries: Greece - Iran, Islamic Republic of

13 November 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Illegal entry - Illegal immigrants / Undocumented migrants - Prison or detention conditions - Right to liberty and security | Countries: Bangladesh - Greece

See further Committee of Minister (CM) decisions of September 2016 and June 2017 available at: http://hudoc.exec.coe.int/eng?i=CM/Del/Dec(2016)1265/H46-16 ; http://hudoc.exec.coe.int/eng?i=CM/Del/Dec(2017)1288/H46-17E) and Italian authorities submission of Sept. 2017 ( available at: http://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168075968c); the Communication by Italian Government Action plan (https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168091f978 ); and the decision by the Committee of Ministers of 5 March 2020 (available at: https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016809cc879)

21 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Access to procedures - Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Refoulement - Rescue at sea / Interception at sea | Countries: Afghanistan - Eritrea - Greece - Italy - Sudan

7 May 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Transit | Countries: Afghanistan - Austria - Greece

5 April 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Asylum-seekers - Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Right to liberty and security - Unaccompanied / Separated children | Countries: Afghanistan - Greece

22 July 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Asylum-seekers - Effective remedy - Exhaustion of domestic remedies - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Legal representation / Legal aid - Palestinian - Prison or detention conditions - Right to liberty and security | Countries: Greece - Palestine, State of

Admissibility application.

12 May 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Asylum-seekers - Effective remedy - Expulsion - Immigration Detention - Refoulement - Right to liberty and security - Safe third country - Single procedure - Women-at-risk | Countries: Afghanistan