Persecuted in Iran, imprisoned in Hungary, found justice in Strasbourg

No one shall be subjected to torture or to inhuman or degrading treatment or punishment. This applies even more clearly to refugees needing protection. The case of M. S. H. marks the 21st time the Hungarian Helsinki Committee has successfully challenged unlawful detention in transit zones before the ECtHR. The organisation had already warned policymakers at the time of drafting the arbitrary regulations that placing asylum seekers in transit zones for prolonged periods constitutes detention—specifically, unlawful detention. 

Alongside numerous rulings by the European Court of Human Rights, the Court of Justice of the European Union (CJEU) also found in May 2020 that Hungary was committing severe and systemic human rights violations by confining asylum seekers – including children, women, elderly individuals, the sick, and victims of torture – under inhumane conditions, while also denying them the right to legal remedy to leave the transit zones for more appropriate conditions. 

Although the transit zones no longer exist, cases initiated due to them are still ongoing in Strasbourg. The case of M. S. H. is one such case. 

Persecuted in his homeland, detained in Hungary 

The Iranian man was an activist in an Arab minority movement in his home country, for which he was persecuted by the theocratic dictatorship. He was forced to flee with his siblings. With permission from the Hungarian authorities, he entered the Tompa transit zone on 18 January 2018 and applied for asylum. Despite the clear evidence of his persecution, the authorities rejected his application two months later and expected him to return to Serbia. He challenged this decision in a Hungarian court, which ruled in his favour, annulled the decision, and ordered the asylum authority to conduct a new procedure. 

Nevertheless, on 1 June 2018, the asylum authority again rejected his application and designated the Tompa transit zone as his compulsory place of stay. M. S. H. once again turned to the domestic courts. On 12 February 2019, the court annulled the authority’s decision once more, ruling that the asylum seeker had already been unlawfully detained in the transit zone for at least eight months. Three days later, the Iranian political activist was transferred to the Balassagyarmat community shelter. 

With the assistance of the Hungarian Helsinki Committee, M. S. H. turned to the European Court of Human Rights. Beyond the unjustifiably long duration of his detention, he suffered immensely due to the prison-like conditions of his confinement. During the long summers, the containers became unbearably hot, and there was no relief outside either, as the courtyard covered in white gravel provided no shade. Over the course of 13 months, he lost a lot of weight, suffered a mental breakdown, and required medical treatment. However, even accessing medical care was only possible under armed escort. 

Strasbourg condemns Hungary’s actions 

As in previous ECtHR rulings – including a case concerning the detention of M. S. H.’s sister – the Court again emphasised that the detainee was an asylum seeker who in no way deserved to be held under prison-like conditions. The ECtHR found Hungary guilty of violating the prohibition of torture and the right to liberty and security. M. S. H., who now resides in Germany, was awarded €4,500 in just satisfaction. 

“What can we expect from a state that cruelly mistreats those seeking its protection, flagrantly violates its own rules, blatantly disregards fundamental rights, and openly defies court rulings? Strasbourg judgments like these not only provide justice for the complainants but also offer an insight into the true nature of our state—and an opportunity for correction,” commented Sánta Szabolcs Miklós, the Hungarian Helsinki Committee’s attorney-at-law representing the Iranian asylum seeker.