EDAL case summaries
Country of Applicant: Bangladesh
Keywords: Accelerated procedure, Detention, Dublin Transfer, Effective access to procedures, Effective remedy (right to), Indirect refoulement, Inhuman or degrading treatment or punishment, Non-refoulement, Procedural guarantees, Safe third country
The procedure applied by the Hungarian authorities in considering Serbia a ‘Safe Third Country’ was not appropriate to provide the necessary protection against a real risk of inhuman and degrading treatment. The schematic reference to the Hungarian Government’s list of safe third countries and disregard of country reports by reputable international organisations imposed an unfair and excessive burden of proof on the applicants, breaching the effective procedural guarantees provided for in Article 3 and subjecting them to inhuman or degrading treatment due to a possible “chain-...
Date: 14-03-2017
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