ICCPR Case Digest

CCPR/C/125/D/2923/2016

Communication

2923/2016

Submission: 2016.12.22

View Adopted: 2019.03.15

Shafaq Baharuddin v. Hungary

Allegations of ill-treatment if removed to Bulgaria, no violation however state party reminded of non-refoulement obligations

Substantive Issues
  • Torture / ill-treatment
Relevant Articles
  • Article 2.3 (a)
  • Article 5.2 (a) - OP1
  • Article 5.2 (b) - OP1
  • Article 7
Full Text

Facts

The author is an Afghan national who sought asylum in Hungary. In October 2016 the asylum board advised that as the author entered Hungary via Bulgaria, that state was responsible for processing his asylum application. The author claims that removal to Bulgaria would constitute a violation of his rights under article 7 and 2(3) of the Covenant.

The author entered Bulgaria on foot in April 2016, however was severely beaten by police and seized. He was not able to apply for asylum at that point. He was taken to the Elhovo immigration detention centre where he was kept for a week, and claims that police subjected him to beatings, including excessive force and brutality. The author was later transferred to Voenna Rampa refugee camp, however the reception conditions were equally dire with non-working toilets and sanitation problems. The author suffers from asthma and could not get treated at the facility, and also witnessed frequent beatings of other asylum seekers returned from other EU Member states.

Merits

The Committee, acting under article 5 (4) of the Optional Protocol to the Covenant, is of the view that the author’s removal to Bulgaria would not violate his rights under article 7 of the Covenant.

The Committee is, however, confident that the State party will duly inform the Bulgarian authorities of the author’s removal, in order for the author to be taken charge of in a manner adapted to his medical and other needs, as required.

Separate Opinions

Opinion individuelle (dissidente) de M. Yadh Ben Achour

  • Committee Member Yadh Ben Achour argued that the case should have been declared inadmissible as the author did not exhaust all domestic remedies as required by article 5(2)(b) of the Optional Protocol.

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