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ECtHR - Ilias and Ahmed v. Hungary, Application No. 47287/15, 21 November 2019
Country of applicant: Bangladesh
Keywords: Accelerated procedure, Effective access to procedures, Detention, Effective remedy (right to), Inhuman or degrading treatment or punishment, Procedural guarantees, Safe third country

When State Parties do not examine an application for international protection in its mertis based on a safe third country clause, Article 3 still requires that they apply a thorough and comprehensive legal procedure to assess the existence of such risk by looking into updated sources regarding the situation in the receiving third country. Hungary violated Article 3 by failing to conduct an efficient and adequate assessment when applying the safe third country clause for Serbia.

Article 5 cannot be considered as ratione materiae applicable to the Röszke transit zone; the applicants' stay there involved a short waiting time in order for Hungary to verify their right to enter, they had entered on their own initiative and they were free to leave the area in the direction of Serbia. The conditions in the transit zone were not found to breach Article 3 because of the restrictive measure's short duration, the possibility for human contact and the applicants' awareness of the procedure.

Date of decision: 21-11-2019
Relevant International and European Legislation: Recital (38),Recital (39),Recital (43),Recital (44),Recital (45),Recital (46),Recital (47),Recital (48),Article 31,Article 33,Article 35,Article 36,Article 38,Article 39,Article 43,Article 3,Article 5,Article 13,Art 5.1,Art 5.4
Hungary - Szeged Administrative and Labour Court, 5 December 2016, 10.Kpk.28.795/2016/3
Country of applicant: Pakistan
Keywords: Effective access to procedures, Effective remedy (right to), Procedural guarantees, Safe third country

Asylum authority’s decision regarding the application of the safe third country principle quashed. The Court pointed out that the application of the STC principle is ‘absolutely unacceptable.’

Date of decision: 05-12-2016
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 41,Article 47,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (46),Recital (48),Article 37,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 13