Communicated on 7 October 2015

Application no 47287/15 Ilias ILIAS and Ali AHMED against Hungary lodged on 25 September 2015

STATEMENT OF FACTS

The Bangladeshi applicants entered the Hungarian border transit zone at Röszke on 15 September 2015 and requested asylum. By its decision delivered on the same day, the Citizenship and Immigration Authority (hereinafter: “asylum authority”) rejected the applicants ’ asylum request, finding it inadmissible on the ground that Serbia is to be considered a “safe third country”. The asylum authority ordered the applicants ’ expulsion from Hungary. On 21 September 2015 the Szeged Administrative and Labour Court annulled the asylum authority ’ s decision and remitted the case to it for a fresh decision. On 30 September 2015 the asylum authority rejected again the applicants ’ request for asylum. On 5 October 2015, that decision was upheld by the Szeged Administrative and Labour Court. On 7 October 2015 the final decision was served on the applicants and steps were taken with a view to their immediate expulsion from the transit zone towards Serbia.

COMPLAINTS

Under Article 3 of the Convention the applicants complain about the detention conditions in the Röszke border transit zone. Furthermore, under Article 5 § 1 of the Convention they complain about unlawfulness of their detention.

QUESTIONS TO THE PARTIES

1. Have the applicants been subjected to inhuman or degrading treatment at the Röszke border transit zone, in breach of Article 3 of the Convention?

2. Did the Hungarian authorities ’ decision to consider Serbia as a “safe third country” and to order their expulsion towards that direction expose the applicants to a risk of being subjected to treatment in breach of Article 3 of the Convention?

3. Were the applicants deprived of their liberty in the Röszke border transit zone in breach of Article 5 § 1 of the Conventio n ?