The case of H.Q. and Others v. Hungary concerned the removal of three asylum-seekers – under section 5(1b) of the State Border Act – from Hungary to Serbia without examination of their individual circumstances, and their alleged lack of access to the international-protection procedure.
On 24 June, the Court held, unanimously, that there had been a violation of the prohibition of collective expulsion of aliens and, in conjunction, a violation of the right to an effective remedy in respect of the three applicants. It also held unanimously, in respect of two of them, that there had been a violation of the procedural aspect of the prohibition of inhuman or degrading treatment.
The Court found that their expulsions had been “collective” in nature, and that the only means of entry for those seeking international protection in Hungary – the “embassy procedure” – was not clearly regulated and lacked adequate safeguards. Under Article 46 (binding force and enforcement of judgments), it underlined the urgent need for the Hungarian authorities to take immediate and appropriate measures to prevent any further instances of collective expulsions and to ensure genuine and effective access to the international-protection procedure.
