Third-party intervention in the case of O.M. v. Hungary - ECRE, ICJ, AIRE Centre and ILGA - Europe

Wednesday, October 21, 2015

ECRE along with the International Commission of Jurists, the  AIRE Centre and ILGA-Europe have submitted a third-party intervention in the case of O.M. v. Hungary before the European Court of Human Rights.

The facts of the case relate to the administrative detention of an asylum seeker in Hungary, who had fled from his country of origin, Iran, on account of his homosexuality. He was detained for nearly two months before eventually being recognised as a refugee.

In their written submissions to the European Court of Human Rights, the interveners focussed on:

The relevance of the EU asylum acquis, the EU Charter of Fundamental Rights and the 1951 UN Convention relating to the Status of Refugees, as amended by its 1967 Protocol, to the determination of the scope and content of Contracting Parties’ obligations under Art 5(1) of the European Convention on Human Rights; and

the Contracting Parties’ obligation under the European Convention on Human Rights to take account of the particular risks that the detention of asylum-seekers entails, including, in particular, when deciding to detain those asylum-seekers who might have been exposed to abuse and/or may risk violence and discrimination on account of their sexual orientation while in detention.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Persecution (acts of)
Persecution Grounds/Reasons
Sexual orientation