International Commission of Jurists
Poland: ICJ and others intervene to support the binding effect of interim measures

Poland: ICJ and others intervene to support the binding effect of interim measures

Dec 15, 2017 | Advocacy, Cases, Legal submissions

The ICJ, together with other NGOs, intervened before the European Court of Human Rights in MA v Poland, concerning interim measures to protect applicants for asylum at the Polish-Belarus border.

The case concerned a family of asylum seekers who sought to apply for international protection in Poland, at a border crossing with Belarus, but were repeatedly turned away by border guards. The European Court granted interim measures indicating that the applicants should not be returned from Poland to Belarus, and that their asylum application should be examined by the Polish authorities. These interim measures were not complied with.

In their third party intervention in the case, the ICJ, ECRE, AIRE Centre and the Dutch Council for Refugees emphasised the binding nature of the obligation to comply with interim measures of the European Court of Human Rights, supported by the jurisprudence of the Court and by comparative standards of other international human rights mechanisms.

They further submitted that, where interim measures relate to children, irrespective of whether the children are applicants in the case, the State must abide by the measure indicated with special diligence and take the appropriate protective measures which the age, level of maturity, environment and experiences of the children require.

Poland-MA-ECtHR-amicus-ICJ&others-final-eng-2017 (download the intervention)

Greece: ICJ and others intervene in case challenging returns under EU-Turkey deal

Greece: ICJ and others intervene in case challenging returns under EU-Turkey deal

Oct 6, 2017 | Advocacy, Cases, Legal submissions

The ICJ and other human rights organisations intervened before the European Court of Human Rights in a case challenging the returns of migrants and refugees from Greece under the EU-Turkey deal.

The ICJ, the AIRE Centre, the European Council on Refugees and Exiles and the Dutch Council for Refugees have submitted a third party intervention before the European Court of Human Rights in the case of J.B. v. Greece. The case concerns the decision of Greek authorities to return a Syrian refugee to Turkey under the legal assumption that Turkey is a safe third country for refugees, that has been introduced following the EU-Turkey deal reached in reaction to the “refugee crisis”.

The interveners challenge the implementation of the rule of safe third country in these situations with regard to Greece’s obligations under the European Convention on Human Rights (ECHR). Specifically, the intervention focuses on:

  • The principle of non-refoulement under the ECHR;
  • The safe third country concept in international refugee law and EU law;
  • The respect of the right to an effective remedy in cases of returns to Turkey under the safe third country rule.

Greece-JB_v_Greece-ECtHR-amicus-ICJ&others-final-eng-2017 (download the intervention)

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