Court orders interim measure for Afghan nationals at Lithuania-Belarus border
INTERIM MEASURES DECISION
Sadeed and others v. Lithuania 08.09.2021 (app. no, 44205/21)
SUMMARY
The European Court of Human Rights has today decided to indicate an interim measure in the case
Sadeed and Others v. Lithuania (application no. 44205/21) concerning five Afghan nationals who
have been attempting to enter Lithuania from Belarus and now assert that they are in hiding in
Lithuania. The measure will apply until 29 September 2021 inclusive.
The Court also recently indicated interim measures in respect of Iraqi and Afghan nationals at the
Belarusian border with Latvia and Poland (application nos. 42165/21 and 42120/21). See press
release of 25.08.2021.
PROVISION
Article 39
PRINCIPAL FACTS
The applicants are citizens of Afghanistan. They arrived in Belarus in August 2021. Since then they
have been repeatedly attempting to enter Lithuania, with a view to seeking international protection.
They allege that they fled Afghanistan because, as westernised and educated Afghan nationals, they
are particularly vulnerable to Taliban reprisals.
However, on several occasions they were unable to enter Lithuania nor to return to Belarus (which is
not a signatory to the European Convention on Human Rights). They were thus stranded at the
border. They have apparently been in hiding on Lithuanian territory since 5 September.
Under Rule 39 the applicants requested that the European Court halt their removal to Belarus. They
rely on Articles 2 (right to life), 3 (prohibition on inhuman and degrading treatment) and 13 (right to
an effective remedy) of the European Convention on Human Rights and Article 4 of Protocol No. 4
(prohibition of collective expulsions of aliens) to the Convention.
THE DECISION OF THE COURT…
Today the Court decided to apply Rule 39 until 29 September 2021, indicating to the Government of
Lithuania that the applicants should not be removed to Belarus, provided that they are already on
Lithuanian territory.
The Rule 39 request was received on 7 September 2021. A number of questions have been put to
the parties, with a time-limit of ten days for replies.
