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United Nations
Country of Decision : United Nations
Court Name : UN: Human Rights Council
Date of decision : 05/06/2020
Type : Opinion
Case Number/Citation/ Document Symbol : A/HRC/WGAD/2020/22

Saman Ahmed Hamad v Hungary

UN Working Group on Arbitrary Detention issues an Opinion on detention of an asylum seeker in the Hungarian transit zone

Saman Ahmed Hamad, a Sunni Muslim from Iraq, is an asylum seeker. He fled Iraq on 10 August 2016 because of death threats received because of his religious beliefs. He entered Hungary on 23 August 2017 through a transit zone, where he applied for asylum and remained in the transit zone. His application was repeatedly rejected and on appeal the court would order a new procedure. On 19 March 2018, the applicant challenged his placement in detention in the transit zone. His challenged was dismissed and in June 2018 the court stayed the procedure to lodge a request for a preliminary ruling before the CJEU.

The UN Working Group on Arbitrary Detention found that detaining an asylum applicant in a transit zone at land borders, solely because he had submitted an application for international protection, constituted an arbitrary deprivation of liberty, in violation of several provisions of the 1948 Universal Declaration of Human Rights and Article 9 (right to liberty) of the International Covenant on Civil and Political Rights (ICCPR).

Access to procedures; Border procedures; Detention/ Alternatives to Detention; Iraq; Reception/Accommodation;

UN International Covenants ;


United Nations, Human Rights Council, Saman Ahmed Hamad v Hungary, A/HRC/WGAD/2020/22 , 05 June 2020. Link redirects to the English summary in the EASO Case Law Database.