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Alhowais v. Hungary (no. 59435/17)

Country Hungary
Status FINAL
Court ECHR
Relevant Law Article 2, Article 3
Year 2023
Found for Applicant (partially)

The applicant, Abdullah Mohamed Alhowais, is a Syrian national who was born in 1996 and lives in Leipzig (Germany). On 1 June 2016 Mr Alhowais, along with his brother and some other individuals including an Iraqi family, crossed the Tisza River from Serbia to Hungary by boat, with the aid of smugglers. Mr Alhowais alleges that Hungarian border guards forced them to turn back towards Serbia. His brother was later found drowned. Relying on Article 2 (right to life), Article 3 (prohibition of inhuman or degrading treatment), Mr Alhowais complained of the death of his brother and of the conduct of the police in returning him to Serbia. He also complained of a lack of an effective investigation into these allegations. The Court found for the applicant, and held that there had been a violation of Articles 2 and 3 (investigation), and a violation of Article 2 (right to life). However, the Court found that there had been no violation of Article 3 (ill-treatment).