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M.H. and Others v Croatia. Application no. 43115/18

Date 30 August, 2020
Category Legal Submissions

In M.H. and others v. Croatia, an Afghan family detained at the Tovarnik center in Croatia filed an application under the European Convention on Human Rights (ECHR). They initially entered Croatia from Serbia in 2017 but were forcibly returned, during which one child died. Upon re-entry in March 2018, their asylum applications were rejected, arguing Serbia’s status as a safe third country. The applicants allege violations of:

  • Article 3 ECHR, citing inadequate conditions at the detention center, especially concerning their eleven minor children.
  • Article 5(1)(f) ECHR, claiming their detention lacks legal basis and is disproportionate.
  • Article 8 ECHR, stating their detention impedes their private and family life.
  • Article 4 of Protocol No. 4, concerning repeated summary removals to Serbia.
  • Article 14 ECHR, alleging discrimination as asylum seekers.
  • Article 34 ECHR, due to Croatian authorities’ failure to comply with interim measures and hindrance of lawyer access.