CASE OF S.S. AND OTHERS v. HUNGARY (no. 56417/19)
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What was at stake
Whether the applicants' removal to Serbia would constitute a collective expulsion of aliens and expose them to a real risk of treatment contrary to the prohibition of torture.
What happened
The applicants, a group of individuals from Afghanistan, were apprehended by Hungarian authorities while attempting to cross into Hungary from Serbia. They were subsequently detained and faced removal to Serbia, where they feared they would be subjected to inhumane treatment and lack of adequate protection.
What the court decided
The Court held that the applicants' removal to Serbia violated the prohibition of collective expulsion of aliens and the prohibition of torture, and awarded the applicants non‑pecuniary damages.
How the court got there
The Court found that the removal of the applicants to Serbia would expose them to a real risk of treatment contrary to the prohibition of torture, as Serbia was not considered a safe third country for asylum seekers. The Court emphasized that the applicants had not been afforded proper individual assessments of their situations, which is necessary to prevent collective expulsion.
Statutes and cases cited
- § Refugee Convention art. 33
- Plaintiff M70/2011 v Minister
Categories
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