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Justice Matrix · Case profile

CASE OF M.K. AND OTHERS v. POLAND (no. 40503/17)

Council of Europe (ECtHR)European Court of Human Rights2020
FavorableHigh precedent
Strategic issue

What was at stake

Whether the applicants' expulsion to a country where they faced a real risk of torture would breach the prohibition of torture, the right to an effective remedy, and the prohibition of collective expulsion.

Key holding

What the court decided

The Court held that the expulsion would violate the prohibition of torture and that the applicants were denied an effective remedy to challenge that risk, and it also found violations of the right to individual application and of the prohibition of collective expulsion. The Court awarded the applicants non‑pecuniary damages.

Issue areas

Categories

refugeeasylumnon-refoulementarticle 3article 4 prot 4
Source

Authoritative link

Source of record
https://hudoc.echr.coe.int/eng?i=001-203840
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