Published on 7 February 2022
FIRST SECTION
Application no. 53272/17
P.S. and A.M. against Hungary
and 3 other applications
(see list appended)
communicated on 17 January 2022
SUBJECT MATTER OF THE CASES
The applications concern the confinement of the applicants in Hungarian transit zones at the border with Serbia pending the examination of their asylum requests. They invoke Article 5 §§ 1 and 4 of the Convention. Moreover, relying on Article 3 of the Convention, taken alone and in conjunction with Article 13, they further complain about the allegedly inhuman or degrading conditions in which they were held in the transit zones and the lack of an effective remedy in this respect. The applicants’ details and specific circumstances are set out in the appendix.
QUESTIONS TO THE PARTIES
1. Has there been a violation of Article 3 of the Convention on account of the applicants’ living conditions and their treatment in the border transit zones, having regard to their particular circumstances (see R.R. and Others v. Hungary, no. 36037/17, §§ 48-52 and 58-65, 2 March 2021)?
2. Did the applicants have at their disposal an effective domestic remedy for their above complaints under Article 3 of the Convention, as required by Article 13 of the Convention?
3. Were the applicants deprived of their liberty in the border transit zones in breach of Article 5 § 1 of the Convention (see R.R. and Others v. Hungary, no. 36037/17, §§ 74-92, 2 March 2021)?
4. Did the applicants have at their disposal an effective procedure by which they could challenge the lawfulness of their detention, as required by Article 5 § 4 of the Convention (see R.R. and Others v. Hungary, no. 36037/17, §§ 97-99, 2 March 2021)?
Appendix
List of applications
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
Place and period of detention
Vulnerable status/special needs of the applicant
1.
53272/17
P.S. and A.M. v. Hungary
26/07/2017
P.S.
Dohuk
Iraqi
1986
A.M.
2012
Dohuk
Iraqi
Barbara POHÁRNOK
Tompa transit zone
30/03/2017 – 26/07/2017
Alleged victim of domestic violence
Alleged victim of domestic violence
Food allergy
2.
652/18
M.H. v. Hungary
29/12/2017
M.H.
1999
Mogyoród
Afghan
Szabolcs Miklós SÁNTA
Röszke and Tompa transit zones
06/04/2017 – 30/06/2017
Unaccompanied minor
3.
44283/19
M.S.H. v. Hungary
15/08/2019
M.S.H.
1994
Rotenburg a. d. Fulda
Iranian
Szabolcs Miklós SÁNTA
Tompa transit zone
18/01/2018 – 19/02/2019
4.
47321/19
S.H. v. Hungary
04/09/2019
S.H.
1991
Ehrenberg
Iranian
Szabolcs Miklós SÁNTA
Tompa transit zone
18/01/2018 – 04/03/2019
Alleged victim of sexual and gender-based violence