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European Court of Human Rights rules in asylum detention case

On 22 February, the European Court of Human Rights ruled in the case of M.H. AND S.B. v. HUNGARY , which concerned the asylum detention of the applicants, who were minors at the time of the events in question and whose requests for release from detention were initially refused.

After examinining the facts, the ECtHR decided to join the applications, ruling that there was a violation of Article 5 § 1 of the European Convention on Human Rights.

It awarded to the first applicant EUR 6,500 and to the second applicant EUR 5,000  in respect of non-pecuniary damage and EUR 2,000 to each applicant in respect of costs and expenses.

On 6 February, in the case of J.A. and A.A. v. Türkiye, the judges held that there would be a violation of Articles 2 and 3 of the Convention in its procedural aspect if the applicants were to be returned to Iraq without an assessment by the Turkish authorities of the risks that they would face in that country, awarding them EUR 2,500 in respect of costs and expenses.

ECtHR Strasbourg 11 March 2024
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