Title	D.A. and Others v. Poland
Publisher	Council of Europe: European Court of Human Rights
Publication Date	8 July 2021
Country	Poland | Syrian Arab Republic
Topics	Freedom from torture, inhuman and degrading treatment
Citation / Document Symbol	ECLI:CE:ECHR:2021:0708JUD005124617
Related Document(s)	Submission by the Office of the United Nations High Commissioner for Refugees in the case of D.A. and others v. Poland (application no. 51246/17) before the European Court of Human Rights
Cite as	D.A. and Others v. Poland, ECLI:CE:ECHR:2021:0708JUD005124617, Council of Europe: European Court of Human Rights, 8 July 2021, available at: https://www.refworld.org/cases,ECHR,60fae2984.html [accessed 18 May 2023]
Comments	The court unanimously: Declares the application admissible; Holds that there has been a violation of Article 3 of the Convention on account of the applicants being denied access to the asylum procedure and exposed to a risk of inhuman and degrading treatment and torture in Syria; Holds that it is not necessary to examine whether there has been a violation of Article 3 of the Convention on account of the applicants’ treatment by the Polish authorities during border checks; Holds that there has been a violation of Article 4 of Protocol No. 4 to the Convention; Holds that there has been a violation of Article 13 of the Convention taken in conjunction with Article 3 of the Convention and Article 4 of Protocol No. 4 to the Convention; Holds that Poland has failed to discharge its obligations under Article 34 of the Convention; Decides to continue to indicate to the Government under Rule 39 of the Rules of Court that it is desirable in the interests of the proper conduct of the proceedings not to remove the applicants to Belarus – if and when they present themselves at the Polish border crossing – until such time as the present judgment becomes final, or until a further decision is made; Holds (a) that the respondent State is to pay to each of the three applicants, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 10,000 (ten thousand euros), to be converted into the currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable to the applicants, in respect of non-pecuniary damage; (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
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