M.A. and Others v. Poland
The complainants in the case are husband (“M.A.”), his wife and their children. All of them are Russian nationals of Chechen origin.
The case concerns repeated refusals to receive an application for asylum at the Polish border at the “Terespol” checkpoint and the applicants’ subsequent expulsion to Belarus.
Circumstances of the case
In 2017, M.A. was tortured by the Chechen police. The applicants therefore decided to seek asylum in the European Union.
The family first travelled to Brest, Belarus. In April 2017, the complainants tried to enter Poland through the “Terespol” border checkpoint twice and apply for asylum there. They told the border guards that in Belarus they feared for their safety, as they would not be able to obtain protection there and would be removed to Chechnya. However, the applicants' applications for asylum were ignored and the applicants were returned to Belarus.
In June 2017, our lawyer filed a request for interim measures to the European Court of Human Rights. The Court granted the request and ordered the Polish authorities to accept the family’s application for asylum and refrain from removing them to Belarus pending the decision on the application. The applicants continued to travel to “Terespol” and apply for asylum, but despite the Court’s order, the Polish authorities continued to ignore their applications and expelled them to Belarus each time.
In December 2017, the family returned to Russia, where M.A. was apprehended and detained in Chechnya. There he was tortured again. After some time he was released. The wife and the children were able to enter Poland and apply for asylum only in January 2018, and the husband – in March 2018.