Centre for Peace Studies's third-party intervention in the European Court of Human Rights
1. M.H. v. Croatia
On 10 August 2020, the Centre for Peace Studies submitted the third-party intervention in the European Court of Human Rights' proceedings in the case of M.H. and others (No.2) v Croatia. This case relates to the summary returns of the family of refugees, with death of a 6-year old girl Madina as a direct consequence of the pushback and denial of access to the asylum system carried out by the Croatian authorities. CPS has intervened in order to present to the Court relevant data and evidence on the existence of the systematic practice of violent pushbacks from the territory of Croatia especially highlighting this illegal practice towards children and families. Furthermore, the intervention shows the lack of effective investigations in the cases of pushbacks, as well as deliberate limitations to access to legal aid which both hamper victims' access to justice.
2. S.B. v. Croatia
On 8 December 2020, the Centre for Peace Studies submitted the third-party intervention in the European Court of Human Rights' proceedings in the case of S.B. v. Croatia, A.A. v. Croatia and A.B. v. Croatia. These cases relate to the summary returns of the three applicants, who are nationals of Syria, from Croatia to Bosnia and Herzegovina. CPS has intervened in order to present to the Court relevant data and evidence on the existence of the systematic practice of violent pushbacks from the territory of Croatia in the last four years, and no access to suspensive legal remedies regarding these violations. The analysed practice shows continuous violations of Articles 3 and 13, as well as Article 4 of Protocol 4 of the European Convention on Human Rights.
3. Y.K. v. Croatia
On 19 April 2022, the Centre for Peace Studies submitted the third-party intervention in the European Court of Human Rights' proceedings in the case of Y.K. v. Croatia. The case refers to the denial of access to legal aid and contact between the applicant and his lawyer while he was in detention in Croatia, and that the authorities ignored the lawyer’s request to be served with the expulsion order. Furthermore, although he has repeatedly expressed his intention to seek international protection, Y.K. was forcibly removed from Croatia without prior assessment of his case and without access to an effective legal remedy. CPS has intervened in order to present to the Court relevant data and evidence on the existence of a systematic practice of denying access to the system of international protection and failure to assess the principle of non-refoulement, as well as obstacles in accessing rights in detention for refugees and other migrants. Finally, the submission analyzes the (in)effectiveness of legal remedies against forced expulsion taking into account the legal standards set by the ECtHR.