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M.W. v Serbia – 70923/17

Country Serbia
Court ECtHR
Relevant Law Article 3, 6, 13
Year N/A
Found for N/A

The applicant is an unaccompanied Afghan minor who attempted to enter Serbia on three occasions. In the first two attempts, he was sent back to Bulgaria by Serbian and Bulgarian forces respectively. In Bulgaria, he was sent to the Voenna rampa camp where he claims he was subjected to ill-treatment. On his third attempt to enter Serbia, he was appointed a legal guardian and given a certificate of a claim for asylum. However, the applicant submits that he had no access to a lawyer or to the asylum system. He later left Serbia and, upon return, his temporary residence was revoked and misdemeanour proceedings were launched against him. The applicant complains under Article 13 of the Convention, taken in conjunction with Article 3, that he did not have at his disposal any effective domestic remedy in the course of deportation proceedings for his complaints under Article 3. Under Article 6, the applicant complains about the fairness of the misdemeanour proceedings against him.