CASE OF Y.K. v. CROATIA (no. 38776/21)
Machine-found from the cited source, not yet confirmed by a human. Open the source before relying on it.
What was at stake
Whether the applicant’s removal to North Macedonia would expose him to a real risk of treatment contrary to the prohibition of torture, and whether the domestic system provided an effective remedy for that risk.
What the court decided
The European Court of Human Rights held that Croatia violated Article 3 of the Convention by expelling the applicant, a Turkish national of Kurdish origin who had sought asylum, to North Macedonia without examining whether it was safe for him, whether he would have access to an effective and adequate asylum procedure there, or whether he risked chain refoulement and treatment prohibited by Article 3 (a violation of the procedural limb of Article 3). The Court also found a violation of Article 13 taken together with Article 3 because the applicant had no effective remedy against his removal. The Croatian authorities had deprived him of his liberty, prevented him from lodging a claim for international protection, and denied his lawyer access to him to stop the lawyer assisting with his case.
Categories
This is a research and reference resource, not legal advice. Summaries are prepared from public sources and may be incomplete or out of date. Always read the original judgment or document and consult a qualified lawyer in the relevant jurisdiction before acting.
Narrative summaries on this page are licensed CC BY-NC 4.0. Reuse them with attribution to JusticeHub for non-commercial purposes. Original judgments and source documents remain under their own terms; follow the authoritative link for the source of record.