ICCPR Case Digest

CCPR/C/125/D/2901/2016

Communication

2901/2016

Submission: 2016.12.08

View Adopted: 2019.03.29

X v. Hungary

Allegation of ill-treatment if removed to Bulgaria, inadmissible as author already fled to Austria

Substantive Issues
  • Effective remedy
  • Expulsion of aliens
  • Torture / ill-treatment
Relevant Articles
  • Article 1 - OP1
  • Article 2.3 (a)
  • Article 3 - OP1
  • Article 7
Full Text

Facts

The author is a Pakistani national who claims that Hungary has violated his rights under article 7 (freedom from torture and ill-treament) and article 2 (3) (a), read in conjunction with article 7 of the Covenant. At the time of the communication, the author was an unaccompanied child seeking asylum while residing with a Hungarian family. 

The author fled Pakistan in 2016 owing to a fear of persecution on account of his Baloch ethnicity, since Balochs are systematically persecuted in Pakistan by state authorities. The author entered Bulgaria on foot, and due to poor reception conditions later fled to Hungary again on foot, and applied for asylum immediately after being apprehended by police.

The author argued that removal from Hungary to Bulgaria would violate his rights under article 7 as would subject him to cruel, inhuman or degrading treatment owing to the reception conditions in Bulgaria.

In later communications with the Committee, the author informed the Committee that he fled Hungary to Austria.

Admissibility

The Committee determined that as the author currently resides in Austria, he is no longer subject to a valid deportation order to Bulgaria and therefore the communication is inadmissible. 

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