Submission by the Office of the United Nations High Commissioner for Refugees in the case of A.S. and Others v. Lithuania (Application No. 44205/21) before the European Court of Human Rights

UNHCR submits that the Lithuanian legislation and practice following the declaration of an emergency in 2021 resulted in systematic removal practices that violate the rights of asylum-seekers who had crossed or attempted to cross the border in an irregularly manner under international and European law. In particular, informal removals of individuals potentially in need of international protection, in the absence of any assessment of the risk of direct and indirect refoulement, is inconsistent with Article 3 ECHR. Moreover, restricting access to territory and asylum procedures for all individuals crossing the border irregularly, without an individual assessment of their claims, is at variance with Article 4 of Protocol No. 4 to the ECHR. Finally, not providing individuals with removal orders and consequently making remedies against such decisions unavailable, combined with serious limitations to accessing legal assistance, is at odds with Article 13 ECHR read in conjunction with Article 3 ECHR and Article 4 to Protocol No. 4 to the ECHR.