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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2021)1419/H46-41 |
2 December 2021 |
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1419th meeting, 30 November – 2 December 2021 (DH)
H46-41 Kebe and Others group v. Ukraine (Application No. 12552/12) Supervision of the execution of the European Court’s judgments
Reference document |
Decisions
The Deputies
1. recalled that this group of cases concerns various deficiencies in the procedures related to asylum-seekers, including lack of access to the international protection procedure, failure to assess the risks in case of refoulement, violations in the detention context, as well as the lack of an effective remedy with automatic suspensive effect against the denial of entry to Ukraine;
As regards individual measures
2. noting the steps undertaken by the authorities to pay the just satisfaction and the difficulties encountered, notably, in the case of M.S., called upon the authorities to ensure that, should the applicants be located, the sums are at their disposal including after the one-year period;
As regards general measures
3. noted the existing rules for lodging claims for international protection including by persons in an irregular situation at border-crossing points and the requirements of the assessment of risks within different procedures; expressed, however, concern in respect of the reports on the practical difficulties faced by asylum-seekers, and encouraged the authorities to guarantee the effective implementation of these rules in line with the Convention to allow access to the asylum procedure and ensure careful assessment of the risks in case of return;
4. called upon the authorities to ensure that any detention of an asylum-seeker is fully in line with Article 5 of the Convention and invited them to provide further information in this respect; recalled that this group of cases also concerns the excessive length of review of the detention decisions; invited the authorities to submit information as to the delays in the appeal procedures related to the detention of asylum-seekers;
5. noted with interest the procedure as regards unaccompanied migrant children and the information that there were no recent cases of detention of such children at the centres for temporary accommodation of foreigners and stateless persons who are present in Ukraine illegally, encouraged the authorities to take the steps necessary to consolidate this trend and to ensure adequate treatment of such children;
6. reiterated that adequate safeguards, such as availability of information in the language the individual understands, are essential to give a realistic possibility to apply for protection at a border-crossing point, and that interpretation and legal aid are crucial for the persons detained and facing expulsion; noted the regulatory framework setting out such safeguards and measures taken to provide for practical arrangements; underlined, however with concern reports demonstrating that asylum-seekers do not always obtain relevant services, called upon the authorities to ensure that these safeguards are fully implemented in practice;
7. as regards the legislative initiatives presented by the authorities, stressed that any draft legislation developed should take into account the Convention standards, case-law of the Court, as well as other international obligations and should not weaken the safeguards related to international protection procedures or detention of asylum-seekers;
8. encouraged the authorities to strengthen the existing cooperation with the United Nations High Commissioner for Refugees, ensuring, amongst other aspects, access of the representatives of the UNHCR and its partner NGOs to persons under their mandate, including at the border-crossing points and in detention facilities;
9. invited the authorities to provide further evidence as to the existence of a well-established judicial practice regarding staying the implementation of a decision denying entry to the Ukrainian territory; reiterated, nevertheless, that it is crucial that the Ukrainian authorities put in place an effective remedy with automatic suspensive effect against the decisions of border guards refusing asylum-seekers leave to enter so that their applications for international protection are examined;
10. invited the authorities to provide updated information on all outstanding questions by 1 January 2023.