18 February 2020
The Hungarian Helsinki Committee was granted leave to submit a third party intervention in the case of R.M. and Others v. Poland. The case concerns a Russian family with small children who were detained in Poland following their return from Germany by virtue of the Dublin Regulation. Despite numerous legal challenges against their detention, based on lack of information and the mental health situation of one of the children, they were kept under detention until April 2018.
The HHC requested the European Court of Human Rights to grant leave to submit a third party intervention that would assist the Court in the following areas:
- • An analysis of Contracting States’ obligations under international law regarding to safeguards and best interest of the child in all actions concerning her or him;
• An analysis of the Contracting States’s obligations under Articles 3, 5 and 8 of the Convention with regard to the reception of asylum-seeking families with children and the breaches of those Articles, especially with regard to the children, when these families are detained;
• An analysis of Contracting States’ obligations to justify support the detention of asylum-seekers with genuine and objectively justified reasoning that proves that detention is necessary and that no other less coercive measures may be applied.