The notion of effective remedy, established by Article 13 of the European Convention for Human Rights requires independent scrutiny of the claim that there exist substantial grounds for fearing a real risk of treatment contrary to Articles 2 and 3 of the Convention, given the irreversible character of the removal.
Actions of the Government returning persons with the status of an asylum seeker to the country of origin violate the principle of non-refoulement and prejudice the safety every single asylum seeker in Lithuania. The protection of asylum seekers should be practical and effective, not theoretical and illusory.
The undue haste to remove makes remedies ineffective.
Even in case of the negative decision the applicants retain their status of asylum seekers in terms of the Lithuanian law, their stay in the territory remains legal until the entry into force of the decision. ReLex values cooperation of Human Rights Monitoring Institute and national human rights institutions on this issue.
ReLex
