CASE OF O.H. AND OTHERS v. SERBIA (no. 57185/17)
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What was at stake
European Court of Human Rights judgment. Articles: 35, 35-3-a, P4-4, 3, 5, 5-1, 5-2, 5-4, 41, 37, 37-1, 37-1-a, 34. Conclusion: Remainder inadmissible (Art. 35) Admissibility criteria;(Art. 35-3-a) Manifestly ill-founded;Violation of Article 4 of Protocol No. 4 - Prohibition of collective expulsion of aliens - {general} (Artic.
What the court decided
The European Court of Human Rights found that Serbia's removal of the applicants to Bulgaria without examining their asylum claims and the conditions of their detention constituted a violation of Article 3 of the Convention and Article 4 of Protocol No. 4, and that their detention from 10:30 p.m. on 3 February 2017 until their removal was unlawful under Article 5 § 1.
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