Ilias and Ahmed v. Hungary (Application No. 47287/15) (Grand Chamber)

FOR THESE REASONS, THE COURT,

1. Upholds, unanimously, the Government’s preliminary objection that the applicants’ complaint under Article 13 of the Convention in conjunction with its Article 3 regarding the alleged lack of remedies in respect of the conditions in the Röszke border transit zone has been submitted out of time and accordingly declares this part of the application inadmissible;
2. Dismisses, unanimously, the remaining preliminary objections made by the respondent Government;
3. Holds, unanimously, that there has been a violation of Article 3 of the Convention with regard to the applicants’ removal to Serbia;
4. Holds, unanimously, that it is not necessary to examine the complaint under Article 13 of the Convention in conjunction with Article 3 of the Convention concerning the alleged ineffectiveness of the domestic remedies against the applicants’ removal to Serbia;
5. Holds, unanimously, that there has been no violation of Article 3 of the Convention with regard to the conditions in the Röszke border transit zone;
6. Holds, by a majority, that the applicants’ complaints under Article 5 §§ 1 and 4 of the Convention are incompatible ratione materiae with the provisions of the Convention and accordingly declares this part of the application inadmissible;
7. Holds, by sixteen votes to one, that the respondent State is to pay, within three months, EUR 5,000 (five thousand euros) to each of the two applicants, plus any tax that may be chargeable, in respect of non‑pecuniary damage;
8. Holds, unanimously, that the respondent State is to pay, within three months, EUR 18,000 (eighteen thousand euros) jointly to the two applicants, plus any tax that may be chargeable to the applicants, in respect of costs and expenses;
9. Holds, unanimously, that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
10. Dismisses, unanimously, the remainder of the applicants’ claim for just satisfaction.