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Home Posts tagged "refoulement"

Offshore Processing and Complicity in Current EU Migration Policies (Part 2)

Published on October 11, 2017        Author:  and

In the first part of our blog post we reconstructed a complex web of migration policies that indicate a shift towards offshore processing of asylum claims in Niger and possibly Chad. In this second part, we seek to answer an obvious yet difficult legal question, namely who bears responsibility in scenarios of extraterritorial complicity such as this one? As described in part one, the new plan could not be implemented without the close cooperation of various actors: European Union (EU) institutions and Member States, third countries (Niger and/or Chad) and UN organisations (IOM and UNHCR).

Our discussion focuses on issues of responsibility and jurisdiction arising when bringing a case to the European Court of Human Rights (ECtHR) against any of the Member States involved in the setting up and implementation of the offshoring mechanism. Read the rest of this entry…

 

The ECtHR’s Ilias and Ahmed v. Hungary and Why It Matters

Published on March 20, 2017        Author: 

The European Court of Human Rights delivered a judgment last Tuesday in the case of Ilias and Ahmed v. Hungary, finding multiple violations of the European Convention as a result of Hungary’s border procedures and its treatment of asylum-seekers. The applicants, nationals of Bangladesh, spent over three weeks in the transit zone before being sent back to Serbia, considered a “safe third country” under a 2015 Governmental Decree. Both applicants were part of the first wave of asylum-seekers attempting to access Hungary after the entry into force of controversial new legislation in September 2015, which effectively led to the Western Balkans route turning towards Croatia over the course of the next few days.

In what constitutes its first verdict on Hungary’s latest practice – which involves deprivation of liberty and almost universal forced return to Serbia on the basis of the safe third country concept – the Court found violations of Arts 3, 5 and 13 in conjunction with Art. 3 of the Convention, namely because the applicants had been subjected to de facto deprivation of liberty with no adequate safeguards for over three weeks, didn’t have access to an effective remedy with respect to the conditions of their detention and ended up being sent back to Serbia without ever having the possibility of ill-treatment genuinely considered either by the asylum authority or the Szeged Administrative Court in their attempted appeals against the former’s ruling. In finding violations, the Court generally agreed with more-or-less all of the applicants’ arguments, however it did not agree with them that the conditions of their detention in the border zone reached the level of severity necessary for there to be a violation of Art. 3 in that respect.

The Implications Read the rest of this entry…