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The conditions for asylum seekers at the Hungarian container warehouse in Röszke are equivalent to detention. The Court of Justice of the European Communities has now ruled this.
According to the Court of Justice of the European Communities (ECJ), the accommodation of asylum seekers in the Hungarian container warehouse in Röszke without individual control violates EU law. Conditions in the camp resembled prison, Luxembourg judges found. The CJEU stressed that asylum seekers should only be detained if an order has been issued specifying the reasons for this.
The fund is the case of four asylum seekers from Iran and Afghanistan who arrived in Hungary through Turkey, Bulgaria and Serbia. The Hungarian authorities rejected their asylum claims on the grounds that they had entered Serbia through the non-EU state. There, they face no persecution or serious harm. Furthermore, there is also an adequate level of protection in the other countries through which they arrived in Hungary. The competent court dismissed the claims against this decision without examination.
However, Serbia refused to take the people back and changed the country back to Iran or Afghanistan. In addition, an area in the Röszke transit zone was assigned to those affected as a place to stay.
The Hungarian government has closed access to transit areas.
Under Prime Minister Viktor Orbán, Budapest has been pursuing a policy of foreclosure and deterrence for refugees and migrants for years. Since spring 2017, Hungary has recruited asylum seekers at two container warehouses directly on the Serbian border. The areas are surrounded by a high fence and barbed wire. The four asylum seekers were only allowed to leave their sector in exceptional cases and accompanied by the police. Visits were only allowed after pre-approval in a separate container.
Due to the Corona crisis, the Hungarian government completely stopped access to the two transit zones in Röszke and Tompa in early March. At that time there were 321 people in the two camps.
A Hungarian police officer patrols through the Röszke container depot on the Serbian border.
(Photo: Sandor Ujvari / dpa)
Three weeks ago, an expert from the ECJ discovered that accommodation in the Röszke camp violated EU law. In the transit zone, people’s freedom of movement is restricted to such an extent that it is a matter of detention. This is illegal. However, the assessor’s assessment was not binding on the judges.
Several cases are pending against Hungary
Another case is pending before the ECJ due to the Hungarian transit warehouse. In 2018, the EU Commission sued the country in a final stage of an infringement procedure because, according to the EU authority, the fields violate EU law. Another Commission case against Hungary is currently at an earlier stage. The EU authority criticizes that rejected asylum seekers in transit areas do not receive adequate food. People are really incarcerated there.
The Helsinki Committee for Human Rights last reported in early April that three Iranians were no longer given food in the camps. As in the previous 31 cases since August 2018, the European Court of Human Rights issued a court order to give them food.
