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M.K. and Others v Poland – 40503/17, 42902/17, 43643/17

Country Poland
Status FINAL
Court ECtHR
Relevant Law Article 3, 13, 34, Article 4 Protocol 4
Year 2023
Found for Applicant

Concerning the removal of 13 Russian nationals, out of which 8 minor children, to Belarus, after they had repeatedly and unsuccessfully tried to lodge asylum applications at the Polish border. The Court found under Article 3 that the refusal of border guards to receive asylum applications and summary removal to a third country, constituted a risk of refoulement to and ill-treatment in the country of origin. The Court found that there was a lack of a proper investigation into the reasons for which the applicants sought entry and that the state failed to ensure the applicants’ safety, in particular by allowing them to remain within its jurisdiction, pending examination of their application for international protection. The applicants were subjected to a collective expulsions and they had attempted to cross a border in a legal manner, using an official checkpoint and subjecting themselves to border checks. Poland failed to discharge its obligations under Article 34 and did not comply with interim measures.