Submission by the HHC on the execution of the European Court of Human Rights’ judgment in the Ilias and Ahmed v. Hungary case

The European Court of Human Rights established in 2019 that Hungary failed to discharge their procedural obligation under Article 3 to assess the risks of ill-treatment before removing the two asylum-seeking applicants to Serbia. The Court noted in particular that: there was an insufficient basis for the Government’s decision to establish a general presumption concerning Serbia as a safe third country; the expulsion decisions disregarded the authoritative findings of the UNHCR as to a real risk of denial of access to an effective asylum procedure in Serbia and summary removal from Serbia to North Macedonia and then to Greece; the authorities  exacerbated the risks facing the applicants by inducing them to enter Serbia illegally instead of negotiating an orderly return.

The Committee of Ministers of the Council of Europe examines the Ilias and Ahmed v. Hungary under the enhanced procedure.

The Hungarian Helsinki Committee argued in its submission that Hungary failed to comply with the general measures resulting from the judgement.

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Hungarian Helsinki Committee