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08/09/2021
The ECtHR indicated interim measures concerning five Afghan nationals stranded at the border between Lithuania and Belarus

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Interim Measures
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Council of Europe, European Court of Human Rights [ECtHR], Sadeed and Others (Afghanistan) v Lithuania, No 44205/21, 08 September 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1984
Case history
Other information
Abstract

The ECtHR indicated interim measures in a case concerning five Afghan nationals who have arrived in Belarus in August 2021 and attempted to enter Lithuania with the aim to seek international protection there. The applicants alleged to have fled their country due to fear of Taliban reprisals because they are westernised and educated. The applicants are stranded at the border and complained before the Court under Article 2, 3 and 13 as well as under Article 4 Protocol 4. In the request for interim measures the applicants sought to halt removal to Belarus and the Court decided to apply Rule 39 until 29 September 2019. It indicated to Lithuanian Government not to remove the applicants to Belarus, provided that they are already on Lithuanian territory.


The court decided not to extend the measure as the Lithuanian Government assured the court that the applicants would not be expelled from Lithuania in the absence of the examination of their asylum applications.


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
No 44205/21
Date of Decision
08/09/2021
Country of Origin
Afghanistan
Keywords
Access to procedures
Afghanistan
Return/Removal/Deportation
Torture or inhuman or degrading treatment or punishment