Council of Europe will baulk Hungary to push back asylum seekers to Serbia?
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Following a review of the execution of a group of judgments from the European Court of Human Rights related to violations of the European Convention on Human Rights (ECHR) related to asylum seeking, the Council of Europe’s Committee of Ministers has called on the Hungarian authorities to submit an action plan by June next year.
The group of cases concerns a violation of Article 3 of the ECHR to assess risks of ill-treatment before removing asylum-seeking applicants to Serbia by relying on a general legal presumption of “safe third country” (Ilias and Ahmed; W.A. and others). It also concerns violations of the prohibition of collective expulsion of aliens under Article 4 of Protocol No. 4 to the Convention following the application of the “apprehension and escort” measure introduced by the State Borders Act, authorising the police to remove the asylum-seeking applicants staying illegally in Hungarian territory to the external side of the border fence (on the border with Serbia) without a decision. It furthermore concerns the lack of an effective remedy under Article 13 in respect of the applicants’ removal (Shahzad and H.K.).
The Committee of Ministers reiterates “grave concern” that despite the authorities’ repeated indications that asylum system reform is underway, no information on concrete measures has been communicated and collective expulsions not only continue, but their numbers are reportedly increasing at a “concerning rate.” According to the Hungarian National Police, 158,565 pushbacks to Serbia were reported in 2022. Up to mid-September 2023, the number already stood at approximately 66,000.
They can go fly a kite. If you turn up at the Hungarian border without a valid passport and, if needed, visa, you’re denied entry. Simple as. No ifs, no buts. You can be a man, woman, rose bush, young, old, unborn, dead, white, black, green… – you are summarily turned back. Period. Hungary is alone in the Western world doing it, when it should be as standard a practice as it is common sense. After all, someone who traverses a dozen-plus perfectly safe countries is not a genuine asylee in fear for his/her/its/xir/whatever life; it’s an economic migrant, pure and simple. No entry. Bye!