Ilias and Ahmed (Bangladesh) vs Hungary
According the Court's Press Release
The case of Ilias and Ahmed v. Hungary (application no. 47287/15) concerned the border-zone detention for 23 days of two Bangladeshi asylum-seekers as well as their removal from Hungary to Serbia.
In the Chamber judgment, the European Court of Human Rights held, unanimously, that there had been: a violation of Article 5 §§ 1 and 4 (right to liberty and security) of the European Convention on Human Rights because the applicants’ confinement in the Röszke border-zone had amounted to detention, meaning they had effectively been deprived of their liberty without any formal, reasoned decision and without appropriate judicial review; no violation of Article 3 (prohibition of inhuman or degrading treatment) as concerned the conditions of their detention in the transit zone, but a violation of Article 13 (right to an effective remedy) as concerned the lack of an effective remedy with which they could have complained about their conditions of detention; and, a violation of Article 3 on account of the applicants’ expulsion to Serbia insofar as they had not had the benefit of effective guarantees to protect them from exposure to a real risk of being subjected to inhuman or degrading treatment
The case was referred to the Grand Chamber. Read more here.
Access to procedures; Bangladesh; Detention/ Alternatives to Detention; Effective remedy; Reception/Accommodation; Safe Country concept/Safe Country of Origin/ Safe third country;
ECHR Press Release
EASO Courts and Tribunals Network
Council of Europe,CoE: European Court of Human Rights [ECHR], Ilias and Ahmed (Bangladesh) vs Hungary, 14/03/2017, ECLI:CE:ECHR:2017:0314JUD004728715ECHR rules on confinement in the transit zones in Hungary