Communicated on 29 September 2018
FOURTH SECTION
Application no. 36896/18
W.O. and Others
against Hungary
lodged on 6 August 2018
SUBJECT MATTER OF THE CASE
The application concerns the confinement, in conditions which are allegedly inhuman of an Afghan family (two adults and two minor children of 3 and 1 years of age) to the Röszke transit zone at the border of Hungary and Serbia since 23 April 2017, pending the examination of their asylum requests. The first and the second applicant, the mother and the oldest child, claim that they were in a particularly vulnerable situation since they had been victims of domestic violence inflicted by, inter alia, the fourth applicant (the father) prior to their confinement in Hungary.
QUESTIONS tO THE PARTIES
1. Have the applicants been subjected to inhuman or degrading treatment at the Röszke border transit zone, in breach of Article 3 of the Convention?
2. Were the applicants deprived of their liberty in the transit zone in breach of Article 5 § 1 of the Convention (see, mutatis mutandis, Amuur v. France, 25 June 1996, § 38-49, Reports of Judgments and Decisions 1996‑III, and Riad and Idiab v. Belgium, nos. 29787/03 and 29810/03, § 68, 24 January 2008)?
3. If so, did the applicants have at their disposal an effective procedure by which they could challenge the lawfulness of the detention, as required by Article 5 § 4 of the Convention?
4. Did the conditions within the transit zone constitute an interference with the applicants’ physical and moral integrity in breach of Article 8 of the Convention?
5. Did the applicants have at their disposal an effective domestic remedy for their complaint under Article 3 of the Convention with regard to allegedly inhuman or degrading treatment at the transit zone, as required by Article 13 of the Convention?
APPENDIX
No.
Name
Birth year
Nationality
Representative
W. O.
1992
Afghan
G. Matevzic
I.O.
2015
Afghan
G. Matevzic
I.O.
2017
Afghan
G. Matevzic
O.G.O.
1988
Afghan
G. Matevzic
Full & Egal Universal Law Academy