Communicated on 26 March 2020 Published on 25 May 2020

FIRST SECTION

Application no. 18810/19 S.B. against Croatia and 2 other applications (see list appended)

SUBJECT MATTER OF THE CASE S

The applicants are Syrian nationals currently staying in Germany (the first and third applicants) and the Netherlands (the second applicant).

The applicants submit that on different occasions in October 2018 they clandestinely entered Croatia from Bosnia and Herzegovina together with groups of other persons. At the time, the first applicant was a seventeen ‑ year-old minor. They submit that, after having spent some time at the Croatian territory, they were apprehended by armed Croatian officers and forced to return to Bosnia and Herzegovina, without being allowed to submit any kind of statement or having their situation examined in any manner.

The first applicant submits that, upon being apprehended, he and the rest of his group were made to board a van, transported to the border and ordered to walk back to Bosnia and Herzegovina.

The second applicant submits that, upon being apprehended, he was beaten by the officers, made to board a van unfit for human transportation, taken to a police station, placed in a cell in which he was kept for several hours without food or drinks, again made to board a van unfit for human transportation and then taken to the border and ordered to return to Bosnia and Herzegovina, together with the rest of his group.

The third applicant submits that he was several times summarily returned from Croatia to Bosnia and Herzegovina, despite stating that he was a Syrian national who wished to seek asylum. In his last endeavour, on 27 October 2018, upon being apprehended in Croatia, he was made to board a van unfit for human transportation, taken to a closed warehouse, kept there for several hours and then taken to the border and ordered to return to Bosnia and Herzegovina, together with the rest of his group.

The applicants complain, under Article 3 of the Convention, that by summarily returning them to Bosnia and Herzegovina, without any assessment of risk they would face in that country, the Croatian authorities exposed them to dire living conditions there and a dysfunctional asylum system, which must have been known to the Croatian authorities.

They further complain, under Article 4 of Protocol No. 4, that they were expelled from Croatia to Bosnia and Herzegovina together with a group of other foreigners, without their situation being reviewed in any way.

Under Article 13 of the Convention, in conjunction with Article 3 of the Convention and Article 4 of Protocol No. 4, they complain that they were removed from Croatia to Bosnia and Herzegovina without having access to any procedure or remedy to challenge their removal.

QUESTIONS TO THE PARTIES

1. Did the Croatian authorities return the applicants to Bosnia and Herzegovina in October 2018? The respondent Government are invited to comment on the applicants ’ allegations and the supporting material supplied by them in this respect.

2. If so, in the light of the situation in Bosnia and Herzegovina at the time concerning reception of migrants and efficiency of asylum system, was there a real risk that the applicants would be subjected to treatment in breach of Article 3 of the Convention if they were to be returned there? Did the Croatian authorities examine that risk before returning the applicants?

3. Were the applicants subjected to treatment contrary to Article 3 of the Convention in the course of their apprehension and return to the border with Bosnia and Herzegovina? Reference is made to allegations of beatings, transportation in inhuman conditions and placement in a cell for several hours without food or drink.

4. Were the applicants, aliens in the respondent State, expelled collectively, in breach of Article 4 of Protocol No. 4?

5. Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 3 of the Convention and Article 4 of Protocol No. 4, as required by Article 13 of the Convention?

APPENDIX

No.

Application no.

Case name

Lodged on

Represented by

1

18810/19

S.B. v. Croatia

01/04/2019

Carsten GERICKE

2

18865/19

A .A. v. Croatia

01/04/2019

Carsten GERICKE

3

23495/19

A.B. v. Croatia

26/04/2019

Carsten GERICKE