CEDH · CASELAW;COMMUNICATEDCASES;ENG — 13 janvier 2026

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 2 February 2026   FIFTH SECTION Application no. 4922/23 H.M. against Hungary lodged on 17 January 2023 communicated on 13 January 2026 SUBJECT MATTER OF THE CASE The application concerns the removal of the applicant, who is a Syrian national, from Hungary. He entered Hungary clandestinely on 5   October 2022. The next day, with the help of a smuggler, he reached the Hungarian ‑ Slovak border in the city of Komárom. When he tried to cross the Danube into Slovakia, he was stopped by the police. He was then escorted to a police van and taken to a “collection facility” of the police where he was detained until the next day. During his interactions with police, he repeatedly expressed his wish to request international protection. On 7 October 2022 the police took the applicant and other aliens to the external side of the border fence and made them go to Serbia. The removal was based on Section 5 (1b) of Act no. LXXXIX of 2007 on State Borders which stipulated that any illegally staying third country national on the territory of Hungary could be escorted from Hungary through the nearest border fence. The applicant complains that he was part of a collective expulsion, in breach of Article 4 of Protocol No.   4 to the Convention. He furthermore complains under Article 3 of the Convention that he was removed to Serbia, without any assessment of the consequences of his removal for his Article   3 rights and in breach of the procedural obligation under this provision. He also complains under Article   13 in conjunction with Article 4 of Protocol No.   4 to the Convention that he had no effective remedy at his disposal as regards his removal. QUESTIONS TO THE PARTIES 1.     Was the applicant expelled from Hungary collectively, in breach of Article 4 of Protocol No. 4 to the Convention? In particular, did the applicant have a genuine and effective possibility of submitting arguments against his removal and were those arguments examined in an appropriate manner by the authorities of the respondent State (see H.Q. and Others v.   Hungary , nos.   46084/21 and 2 others, §   117, 24 June 2025; and Khlaifia and Others   v.   Italy [GC], no.   16483/12, § 248, 15 December 2016)? Could the lack of an individual expulsion decision be attributed to the applicant’s own conduct (see H.Q. and Others , cited above, §   117, N.D. and N.T. v.   Spain [GC], nos. 8675/15 and 8697/15, §§ 200 and 211, 13 February 2020)? Did the applicant have a genuine and effective access to the asylum procedure in Hungary, having regard to the applicable legal rules and their operation in practice (see H.Q. and Others, cited above, §§   118-124)?   2.     Did the respondent State comply with its obligation under Article 3 of the Convention to duly assess the risks of treatment contrary to that provision before removing the applicant from Hungary to Serbia (see, H.Q. and Others, cited above, §§   132-142, Ilias and Ahmed v.   Hungary [GC], no.   47287/15, §§   129-134 and 141, 21   November 2019)?   3.     Did the applicant have at his disposal an effective domestic remedy for his complaint under Article 4 of Protocol No. 4, as required by Article   13 of the Convention (see H.Q. and Others , cited above, §§   154-160; and Shahzad v.   Hungary , no.   12625/17, §§ 77-79, 8 July 2021)?