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D.A. and Others v Poland – 51246/17

Country Poland
Status FINAL
Court ECtHR
Relevant Law Article 3, 13, 34, Article 4 Protocol 4
Year 2021
Found for Applicant

The case concerns alleged pushbacks of the applicants – Syrian nationals – at the Polish-Belarusian border. The applicants alleged that the Polish authorities had repeatedly denied them the possibility of lodging applications for international protection, in breach of Article 3 of the Convention. They also relied upon Article 4 of Protocol No. 4 to the Convention, alleging that their situation had not been reviewed individually and that they were victims of a general policy followed by the Polish authorities with the aim of reducing the number of asylum applications registered in Poland. The applicants stated that, under Article 13 in conjunction with Article 3 of the Convention and Article 4 of Protocol No. 4 to the Convention, lodging an appeal against a decision denying someone entry into Poland did not constitute an effective remedy for asylum-seekers as it would have no suspensive effect. Moreover, the applicants complained that the Polish authorities had not complied with the interim measure granted to them by the Court, in breach of Article 34 of the Convention.