No extension of the interim measure for Afghan nationals on the Lithuanian-Belarusian border!
INTERIM MEASURE DECISION
A.S. and others v. Lithuania 29.09.2021 (app. no. 44205/21)
SUMMARY
The European Court of Human Rights decided not to extend the interim measure in the
case A.S. and Others v. Lithuania (application no. 44205/21) concerning five Afghan nationals who
had been stranded at the Belarusian border with Lithuania.
The Court had applied the interim measure in respect of the five Afghan nationals until
29 September 2021 inclusive.
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.
THE DECISION OF THE COURT…
On 8 September 2021 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
were already on Lithuanian territory. The Court also decided to grant the case priority under Rule 41
of the Rules of Court.
On 28 September 2021 the Court decided not to extend the interim measure.
The decision was taken in the present circumstances, namely that the applicants have been
on Lithuanian territory since 14 September 2021 and that the Government have assured the Court
that they will not be expelled from Lithuania until their asylum requests are examined.
It will be open to the applicants to lodge a fresh interim measure request with the Court should the
circumstances so require.
The Court also decided to declare the case file confidential and, under Rule 47 § 4, to allow the
applicants to remain anonymous.
