Court Grants Constitutional Complaint by Killed Migrant Girl’s Family – Večernji List Daily

The Constitutional Court established that the Ministry of the Interior (MUP) and administrative courts did not establish with sufficient certainty that Serbia was a safe third country and that asylum seekers would not be at risk of being returned to their country of origin.

A complaint filed by the second wife of Madine’s father and children has also been granted, so decisions of the High Administrative Court were quashed for a total of four adults and ten children aged one to 15 from Afghanistan and the case was returned to the Administrative Court in Osijek. All of them were represented by lawyer Sanja Bezbradica Jelavić.

After Madeine’s death they were returned to Serbia, but in 2018 they re-entered Croatia and applied for international protection. The father and husband who filed the constitutional complaint said that the Taliban had threatened him because he had worked as a police officer and driver for the US military in Afghanistan, so in fear of them, since he had been wounded in one attack, he managed to flee with his family.

After they illegally entered Croatia, MUP rejected their asylum request by applying the safe third country institute. The explanation was that the Serbian constitution guaranteed fundamental human and minority rights.

Administrative courts also confirmed that Serbia’s legal framework guaranteed an efficient and fair procedure of international protection, even from chain refoulement. The fact that they had not been exposed to inhumane or similar treatment in the year and a half they stayed in Serbia was also taken in to account.

However, the lawyer said that the evaluation of Serbia as a safe third country had not taken into account the fact that over the past 10 years refugee statuse had been granted to only 47 persons and subsidiary protection to 62, which was negligible in relation to the number of refugees.

The constitutional judges too ruled that it was not enough to examine the legal framework for asylum seekers but also the real situation, Večernji List said.

For more about politics in Croatia, follow TCN’s dedicated page.

 

 

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