Ilias and Ahmed v Hungary (GC), App No 47287/15 (2019)
What was at stake
Transit-zone confinement; removal to Serbia; procedural safeguards
What happened
Two Bangladeshi nationals, Ilias and Ahmed, were detained in a transit zone in Hungary after attempting to travel to Western Europe. They were subject to removal to Serbia, but claimed they would face a real risk of being sent back to Bangladesh, where they feared persecution.
What the court decided
Found violations linked to inadequate assessment of risk on return to Serbia; guidance on Article 3/13 standards in border zones.
How the court got there
The European Court of Human Rights found that Hungary had violated Article 3 of the European Convention on Human Rights by failing to properly assess the risk of persecution the applicants would face if removed to Serbia. The court held that the Hungarian authorities had not taken into account the applicants' individual circumstances and the risks they would face in Serbia.
Statutes and cases cited
- § European Convention on Human Rights art. 3
- § European Convention on Human Rights art. 13
- M.S.S. v. Belgium and Greece
- T.I. v. United Kingdom
Categories
Authoritative link
This is a research and reference resource, not legal advice. Summaries are prepared from public sources and may be incomplete or out of date. Always read the original judgment or document and consult a qualified lawyer in the relevant jurisdiction before acting.
Narrative summaries on this page are licensed CC BY-NC 4.0. Reuse them with attribution to JusticeHub for non-commercial purposes. Original judgments and source documents remain under their own terms; follow the authoritative link for the source of record.