CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 2 mars 2021

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page-break-after:avoid; font-size:14pt } .sD11CFAB7 { margin-top:14pt; margin-left:15.01pt; margin-bottom:3pt; text-align:justify; padding-left:1.99pt; font-family:Arial } .sFBC99493 { font-style:italic } .s51DFF5CF { margin-top:0pt; margin-left:34pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .sE5BF05B1 { width:2.33pt; font:7pt 'Times New Roman'; display:inline-block } .s7F175FE6 { margin-top:0pt; margin-left:51.05pt; margin-bottom:0pt; text-indent:-17.05pt; text-align:justify } .sE5C1F6E3 { width:3.33pt; font:7pt 'Times New Roman'; display:inline-block } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s69DCC830 { margin-top:36pt; margin-bottom:0pt } .s4D915BA7 { width:6.88pt; display:inline-block } .s32E877A5 { width:204.11pt; display:inline-block } .sA2E62387 { width:204.97pt; display:inline-block } .s9FA8FCEA { margin-top:24pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt }   FOURTH SECTION CASE OF R.R. AND OTHERS v. HUNGARY (Application no. 36037/17)       JUDGMENT Art 3 (substantive) • Degrading treatment • Living conditions in Röszke transit zone exceeding threshold of severity for repeat asylum-seeker unable to obtain sufficient food, a vulnerable pregnant woman and children, in light of the extended duration of confinement for nearly four months Art 5 §§ 1 and 4 • Unlawful de facto detention in transit zone based on overly-broad interpretation of legal provisions and in the absence of any formal, reasoned decision • Stay constituting a de facto deprivation of liberty in light of duration and living conditions of confinement, lack of time-limits, and extent of restriction to free movement • Inability to seek judicial review of the lawfulness of detention   STRASBOURG 2 March 2021 FINAL   05/07/2021   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of R.R. and Others v. Hungary, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:   Yonko Grozev, President,   Branko Lubarda,   Carlo Ranzoni,   Stéphanie Mourou-Vikström,   Georges Ravarani,   Jolien Schukking,   Péter Paczolay, judges, and Ilse Freiwirth, Deputy Section Registrar, Having regard to: the application against Hungary lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by one Iranian national, Mr R.R. (“the first applicant”), and four Afghan nationals, Ms S.H. (“the applicant mother”), M.H., R.H. and A.R. (“the applicant children”), whose details are given in the appendix; the decision to give notice to the Hungarian Government (“the Government”) of the application; the decision not to have the applicants’ names disclosed; the decision to give priority to the application (Rule 41 of the Rules of Court); the decision to indicate interim measures to the respondent Government under Rule   39 of the Rules of Court; the observations submitted by the respondent Government and the observations in reply submitted by the applicants; the comments submitted by the Office of the United Nations High Commissioner for Refugees, which was granted leave to intervene by the President of the Section; Having deliberated in private on 30 June 2020 and 4 February 2021, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The case concerns the confinement of an Iranian-Afghan family, including three minor children, to the Röszke transit zone at the border of Hungary and Serbia between 19 April and 15 August 2017. The applicants relied on Article 3 (conditions in the transit zone), taken alone and in conjunction with Article 13, Article 5 (unlawful deprivation of liberty) and Article 34 (non-compliance with an interim measure). THE FACTS 2.     The applicants are an Iranian-Afghan family of five. Their details are set out in the appendix. They were represented before the Court by Ms   B.   Pohárnok, a lawyer practising in Budapest. 3.     The Hungarian Government (“the Government”) were represented by their Agent, Mr Z. Tallódi, of the Ministry of Justice. 4.     The facts of the case, as submitted by the parties, may be summarised as follows. The applicants’ background and their travel to Hungary 5 .     S.H. (“the applicant mother”) claims that she was a victim of torture in Afghanistan; she was allegedly captured, burned and raped by the Taliban, who killed her first husband. On an unknown date between 2012 and 2014 she fled Afghanistan to Iran together with her two daughters from her first marriage, M.H. and R.H. She met R.R. (“the first applicant”) there, and entered into a religious marriage with him. 6 .     R.R., S.H. and her two children left Iran in the beginning of 2016, allegedly escaping reprisals because R.R. had deserted the Iranian army. Having left Iran, they travelled together through Turkey to Greece, where they were separated. R.R. made it to Austria, but allegedly decided to join his family, who were returned to Greece after being arrested in North Macedonia. On 11 March 2016 R.R. was apprehended at Sopron railway station in Hungary. He applied for asylum. On 21 March 2016 he withdrew his asylum application and the asylum proceedings were terminated. Pending enforcement of his expulsion to Iran, the first applicant was held in immigrant detention, where he submitted his second asylum application. On 3 August 2016 he left for an unknown destination and the asylum proceedings were terminated. 7 .     Subsequently, the applicant family were reunited in Serbia. They spent several months in different camps around the country. On 16   October 2016 A.R., the first biological child of R.R. and S.H., was born. 8 .     On 19 April 2017 the applicants arrived in Hungary from Serbia and entered the Röszke transit zone, which is situated on Hungarian territory at the border between the two countries. They applied for asylum on the same date. 9 .     On 19 April 2017 the Office for Immigration and Asylum (hereinafter “the IAO”) issued a ruling ordering that the applicants be accommodated in the Röszke transit zone under section 80/J(5) of the Asylum Act (see paragraph 24 below). The applicants’ stay in the transit zone 10 .     Since 2015 the two transit zones located at the border with Serbia have been significantly enlarged (see Ilias and Ahmed v. Hungary [GC], no.   47287/15, § 15, 21 November 2019). According to data collected by the Government in July 2017, at the time in question the Röszke transit zone had an official capacity of 460 places and was accommodating 291   foreign nationals. The sections of the transit zone were rectangular in shape, with accommodation “containers” placed adjacent to each other on three sides and a wire mesh fence on the fourth. There was razor wire on the roofs of the containers. People staying in one section could only go to other parts of the zone to see a doctor, a lawyer or IAO staff, and were always escorted by guards. 11 .     The applicants initially stayed in the section of the Röszke transit zone designated for families. They were placed together in a 13 ‑ square ‑ metre living container, which had three bunk beds without child safety rails and five lockable cabinets. According to the Government, a cot bed was provided to families with small children. According to the applicants, the containers were extremely hot in summer and without air conditioning; for ventilation they had to open the window and door, which made the room draughty and allowed insects in. An awning over the front door (to offer shade) and fans were provided in August 2017. 12 .     In the middle of the family section there was a communal courtyard with a small playground for children, ping-pong table, badminton net, basketball court and goals for football. According to the applicants, there was no shade or greenery in the outdoor area. The section also had a playroom, study room, room for religious worship and common room equipped with a television. The NGOs working within the zone organised activities for children, such as drawing and crafts, once or twice a week for one to two hours. From September 2017 an education programme for children in the transit zone was provided. 13 .     On 29 June 2017 the applicants were moved to an isolation section within the transit zone because the applicant mother and children had hepatitis B. The isolation section consisted of approximately ten mobile containers placed in a row and a narrow (approximately 2.5 metres wide and 40 to 50 metres long) open-air area surrounded by fencing. Their living container, which was equipped with air conditioning, was furnished with one bunk bed, two single beds (no cot bed for A.R.) and a chest of drawers. There was no refrigerator, microwave or washing machine in the section. The applicants were given sand for the children to play with. There was no playground and no activities were organised for the children in the isolation section. The applicants had access to a television in the common area container and a ping-pong table. 14 .     The police regularly carried out morning (6 a.m.) checks – headcounts. The applicants submitted that the police officers/guards had often raided their living containers to perform security checks. 15 .     Free wireless Internet was available in the transit zone. According to the applicants, the connection was poor and could only be used for messaging. 16 .     According to the Government, children were, in addition to the three meals provided to adult asylum-seekers, provided with two snacks each per day. Like pregnant women, they were also entitled to dairy products and fruit. Children under the age of one were provided infant nutrition and baby food. The applicants submitted that the children had been given chocolate bars for snacks and that fruit had only been provided occasionally. They submitted that the food provided to the children had been inadequate for their age. 17 .     Upon their arrival at the transit zone, families were provided with a sanitary package, including essential baby hygiene products such as disposable nappies. An additional monthly sanitary package was provided to asylum-seekers and, in justified cases, additional items were provided on request. According to the Government, clothing was provided to asylum ‑ seekers who did not have appropriate clothing for the season. The applicants submitted that the applicant mother had not been provided with maternity clothes, so she had had to sew a dress for herself using bed linen. 18 .     The applicants received medical treatment on several occasions during their stay in the transit zone. The Government submitted that asylum-seekers were entitled to basic and emergency medical care, including specialist medical treatment, according to their needs. If justified by their health condition, the resident medical staff could transfer them to hospitals or clinics to obtain urgent or specialist care. On 24 April 2017 the applicant mother was examined by a gynaecologist of a Szeged hospital. On 25   April 2017 she was referred to the emergency department of the hospital because of sickness. On 28 April 2017 she was taken to the hospital to have her pregnancy determined. She underwent blood and laboratory tests in relation to her hepatitis B and was prescribed medication for a urinary tract infection. On the same date she was taken to the emergency department of the hospital because of vomiting and cramps. She spent the night there. On 26 May 2017 she attended a prenatal check ‑ up in the hospital and was found to have a high-risk pregnancy. On 13   and 14 June 2017 she was taken to the hospital and prescribed medication for epigastric (abdominal) pain. On 3   July 2017 she had another check-up in the hospital and a consultation took place in relation to her hepatitis B. On 9 August 2017 she attended an ultrasound appointment and was taken to the emergency department of the hospital. She was recommended a high fluid intake and adequate nutrition (fruit), and was prescribed medication for anaemia. Following the family’s release from the transit zone, the applicant mother attended two more medical check-ups. On 24 April and 6 July 2017 the two eldest applicant children were taken to the paediatrics department of the hospital in Szeged. Their hepatitis B was confirmed following blood tests taken during their second visit to the hospital and the doctor suggested a further examination at the hepatology department. On 29 June 2017 the eldest applicant child, M.H., was examined at the ear, nose and throat department of the hospital in Szeged because of frequent nosebleeds. On 16 August 2017 she was taken to the emergency department of a hospital in Győr by ambulance and was subsequently treated at the ear, nose and throat department. The applicants submitted that, although requested, the youngest applicant child had not been given the vaccines recommended at six months. It appears from the case file that she had received some vaccines in Serbia and that the next vaccination appointment was scheduled for 8 April 2017. 19 .     The applicants submitted that no interpreter had been present in the course of S.H.’s medical examinations and that no anamnesis (medical history) could be collected from her due to the language constraints (she spoke only in her mother tongue). At her hospital visit of 9 August 2017 a “heteroanamnesis” was taken by questioning an interpreter using English and Dari at the doctor’s request. The applicants also submitted that they had always been taken to the hospital in an unsuitable police van and escorted by armed police officers, who had remained present during the medical examinations. In particular, (male) armed police officers had been present (standing by her side) during the second applicant’s gynaecological examination. 20 .     As regards psychological assistance in the transit zone, the applicants submitted that there had been no assistance for traumatised asylum-seekers. They drew the Court’s attention to their lawyer’s submissions in the asylum procedure of 26 and 27 July 2017. With respect to the applicant mother, the lawyer submitted, inter alia , that she had been subjected to serious ill-treatment in Afghanistan, the consequences of which she was still suffering, and that she was in need of specialist treatment. In this connection, the lawyer also submitted that, given her mental health problems, the applicant mother had been under psychiatric treatment (medication and psychotherapy) during her stay in Serbia and requested that she be examined by a psychiatrist. In their application form, the applicants submitted that S.H. had had to stop taking that medication because of her pregnancy. The Government submitted that during the period in question the Hungarian Calvinist Charity Service and specialists from Sirius Help had provided psychosocial assistance in the transit zone, the latter specifically for children. On 24 August 2017, at the request of the applicants’ lawyer for the purposes of their legal (asylum) procedures, the applicant mother was examined by a psychiatrist, who diagnosed her with major depressive disorder and post-traumatic stress disorder (“PTSD”). The psychiatrist recommended that the applicant mother undergo medical, psychiatric and psychotherapeutic treatment, as otherwise suicidal urges and impulsive reactions were likely to occur. On the same date the two eldest applicant children were examined, at their lawyer’s request, by a psychologist, who observed that they showed signs of PTSD related to their experience in the transit zone and opined that psychological support should be made available to them. 21 .     As R.R. had already applied for asylum in Hungary before entering the transit zone with his family (see paragraph 6 above), he was considered by the IAO not to be entitled to material reception conditions under the Asylum Act (see paragraph 24 below). He was assigned accommodation together with his family but was not given free meals. The hot meals provided to the other applicants could not be taken out of the canteen where they ate their lunch. The applicants submitted that the NGO Sirius Help, which had operated in the zone until the end of May 2017, had twice organised food shopping for R.R. from outside at the beginning of his stay. He had initially been able to get food by paying other asylum-seekers, who had bought the food in Serbia and delivered it to him upon their arrival at the zone. According to the applicants, such arrangements were difficult to achieve and R.R. was forced to eat his family’s leftovers, beg other asylum ‑ seekers for food and search for edible things in the rubbish bins. He could only recall two occasions when Charity Council organisations and the Hungarian Red Cross had provided him with non-perishable food packages. According to the Government, the other applicants were distributed sufficient amounts of long-life food which they could share with R.R. They also submitted that R.R. had several times bought food with the assistance of social workers and that members of the Charity Council had taken care of his needs, in terms of food, toiletries and clothing. According to the Government, R.R. refused to accept food several times, stating that the family had sufficient supplies. On 31   July 2017 the IAO sent an email to the applicants’ lawyer noting, in particular, that under the applicable Hungarian law the applicants were not entitled to food in the transit zone; they had the possibility to buy food for themselves, which they had done on multiple occasions, and charity organisations were handing out food. The IAO further noted that it did not appear that the first applicant had lost any weight during his stay in the zone. examination of the applicants’ asylum APPLICATION 22 .     The applicants were represented by a lawyer of their choice in the asylum proceedings. The adult applicants were heard by the IAO on 19   April 2017 (both), on 8 June 2017 (only S.H.) and on 10 May and 6   June 2017 (only R.R.). In the course of the asylum proceedings, the IAO, inter alia , requested an expert opinion on their marriage certificate, which was delivered on 3 July 2017. On 20 June 2017 the IAO also requested a DNA test to verify that R.R. was the father of S.H.’s third child. The results of the test, which confirmed his paternity, were received on 14   August 2017. 23 .     On 15 August 2017 the applicants were granted leave to enter and temporarily stay in the territory of Hungary (admitted alien status, befogadott ). They were accommodated in the Vámosszabadi Reception Centre the same day. The IAO however refused to recognise them as refugees or persons in need of subsidiary protection. The applicants requested a judicial review of the part of the decision rejecting their applications. Subsequently, on 23 August 2017 the IAO issued a ruling withdrawing the decision on the merits. On 8 September 2017 it issued a new decision on the merits, recognising the applicants as persons in need of subsidiary protection. In the meantime, on 25 August 2017 the applicants left for Germany, where they were later granted international protection. RELEVANT LEGAL FRAMEWORK AND PRACTICE Domestic Law 24 .     The relevant provisions of Act no. LXXX of 2007 on Asylum (“the Asylum Act”) are outlined in the case of Ilias and Ahmed (cited above, §§   41 and 45). For the purposes of the Asylum Act, persons deserving special treatment include vulnerable persons, in particular minors and pregnant women, who have been found to have special needs after an individual evaluation (section 2k)). According to section 4 of the Act, the best interests and rights of the child shall be a primary consideration when implementing the provisions. Moreover, provisions of the Asylum Act must be applied to persons requiring special treatment with due consideration of the specific needs arising from their situation (section 4(3)). When a crisis situation caused by mass immigration is declared, section 80/J of the Asylum Act, as amended on 28   March 2017, applies and provides as follows: “(1) Asylum applications can be submitted in person to the asylum authority, only in the transit zone... ... (4) In the proceedings the person seeking recognition is not entitled to the entitlements set forth in subsections a) and c) of section 5(1). (5) For the time until a decision against which no further remedy lies or an order on a transfer under the Dublin procedure becomes enforceable, the territory of the transit zone shall be designated by the asylum authority as place of residence. Persons seeking recognition may leave the territory of the transit zone through the exit gate. ...” The provisions of the Asylum Act regulating border procedure, including section 71/A, which limits border procedure and stay in the transit zone to four weeks, do not apply. If a person seeking recognition submits another asylum application following the adoption of a final decision rejecting or terminating his or her earlier application, he or she is not entitled to care, assistance and accommodation (section 80/K(11)). 25 .     All asylum applications submitted in the transit zones are processed either in an accelerated or standard procedure, depending on the circumstances of each case. Under the standard procedure, a decision on an asylum application must be taken by the IAO within sixty days; if the accelerated procedure is applied or if an application is to be declared inadmissible, the IAO must take a decision within fifteen days. Unless refugee status was granted, the decision of the IAO can be appealed against to a court. If the initial decision was taken in the standard asylum procedure, the court has sixty days to decide the appeal; if an appeal was lodged against a decision taken in the accelerated procedure, or in the event that the asylum application was rejected as inadmissible, the court decision must be taken within eight days. European Union Law and practice 26.     The relevant provisions of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) (“the Asylum Procedures Directive”) are outlined in the case of Ilias and Ahmed (cited above, §§   47-55). 27 .     The relevant provisions of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) (“the Reception Conditions Directive”) provide as follows: CHAPTER II GENERAL PROVISIONS ON RECEPTION CONDITIONS   Article 8 Detention “1. Member States shall not hold a person in detention for the sole reason that he or she is an applicant in accordance with Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection. 2. When it proves necessary and on the basis of an individual assessment of each case, Member States may detain an applicant, if other less coercive alternative measures cannot be applied effectively. 3. An applicant may be detained only: (a) in order to determine or verify his or her identity or nationality; (b) in order to determine those elements on which the application for international protection is based which could not be obtained in the absence of detention, in particular when there is a risk of absconding of the applicant; (c) in order to decide, in the context of a procedure, on the applicant’s right to enter the territory; (d) when he or she is detained subject to a return procedure under Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (9), in order to prepare the return and/or carry out the removal process, and the Member State concerned can substantiate on the basis of objective criteria, including that he or she already had the opportunity to access the asylum procedure, that there are reasonable grounds to believe that he or she is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision; (e) when protection of national security or public order so requires; (f) in accordance with Article 28 of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third ‑ country national or a stateless person (10). The grounds for detention shall be laid down in national law. ...” Article 11 Detention of vulnerable persons and of applicants with special reception needs “1.   The health, including mental health, of applicants in detention who are vulnerable persons shall be of primary concern to national authorities. Where vulnerable persons are detained, Member States shall ensure regular monitoring and adequate support taking into account their particular situation, including their health. 2.     Minors shall be detained only as a measure of last resort and after it having been established that other less coercive alternative measures cannot be applied effectively. Such detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors. The minor’s best interests, as prescribed in Article 23(2), shall be a primary consideration for Member States. Where minors are detained, they shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age. ... 4.   Detained families shall be provided with separate accommodation guaranteeing adequate privacy. ... 6.   In duly justified cases and for a reasonable period that shall be as short as possible Member States may derogate from the third subparagraph of paragraph 2, paragraph 4 and the first subparagraph of paragraph 5, when the applicant is detained at a border post or in a transit zone, with the exception of the cases referred to in Article 43 of Directive 2013/32/EU.” Article 17 General rules on material reception conditions and health care “1. Member States shall ensure that material reception conditions are available to applicants when they make their application for international protection. 2. Member States shall ensure that material reception conditions provide an adequate standard of living for applicants, which guarantees their subsistence and protects their physical and mental health. Member States shall ensure that that standard of living is met in the specific situation of vulnerable persons, in accordance with Article 21, as well as in relation to the situation of persons who are in detention. 3. Member States may make the provision of all or some of the material reception conditions and health care subject to the condition that applicants do not have sufficient means to have a standard of living adequate for their health and to enable their subsistence. 4. Member States may require applicants to cover or contribute to the cost of the material reception conditions and of the health care provided for in this Directive, pursuant to the provision of paragraph 3, if the applicants have sufficient resources, for example if they have been working for a reasonable period of time... .” Article 19 Health care “1.   Member States shall ensure that applicants receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses and of serious mental disorders. 2.   Member States shall provide necessary medical or other assistance to applicants who have special reception needs, including appropriate mental health care where needed.” CHAPTER III REDUCTION OR WITHDRAWAL OF MATERIAL RECEPTION CONDITIONS   Article 20 Reduction or withdrawal of material reception conditions “1. Member States may reduce or, in exceptional and duly justified cases, withdraw material reception conditions where an applicant: ... (c) has lodged a subsequent application as defined in Article 2(q) of Directive 2013/32/EU. ... 5. Decisions for reduction or withdrawal of material reception conditions or sanctions referred to in paragraphs 1, 2, 3 and 4 of this Article shall be taken individually, objectively and impartially and reasons shall be given. Decisions shall be based on the particular situation of the person concerned, especially with regard to persons covered by Article 21, taking into account the principle of proportionality. Member States shall under all circumstances ensure access to health care in accordance with Article 19 and shall ensure a dignified standard of living for all applicants. 6. Member States shall ensure that material reception conditions are not withdrawn or reduced before a decision is taken in accordance with paragraph 5.” CHAPTER IV PROVISIONS FOR VULNERABLE PERSONS   Article 21 General principle “Member States shall take into account the specific situation of vulnerable persons such as minors ... pregnant women ... victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation, in the national law implementing this Directive.” Article 22 Assessment of the special reception needs of vulnerable persons “1.   In order to effectively implement Article 21, Member States shall assess whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs. That assessment shall be initiated within a reasonable period of time after an application for international protection is made and may be integrated into existing national procedures. Member States shall ensure that those special reception needs are also addressed, in accordance with the provisions of this Directive, if they become apparent at a later stage in the asylum procedure. Member States shall ensure that the support provided to applicants with special reception needs in accordance with this Directive takes into account their special reception needs throughout the duration of the asylum procedure and shall provide for appropriate monitoring of their situation. 2.   The assessment referred to in paragraph 1 need not take the form of an administrative procedure. ...” Article 23 Minors “1.   The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that involve minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development. 2.   In assessing the best interests of the child, Member States shall in particular take due account of the following factors: (a) family reunification possibilities; (b) the minor’s well-being and social development, taking into particular consideration the minor’s background; (c) safety and security considerations, in particular where there is a risk of the minor being a victim of human trafficking; (d) the views of the minor in accordance with his or her age and maturity. 3. Member States shall ensure that minors have access to leisure activities, including play and recreational activities appropriate to their age within the premises and accommodation centres referred to in Article 18(1)(a) and (b) and to open-air activities. 4. Member States shall ensure access to rehabilitation services for minors who have been victims of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment, or who have suffered from armed conflicts, and ensure that appropriate mental health care is developed and qualified counselling is provided when needed. ...” Article 25 Victims of torture and violence “1. Member States shall ensure that persons who have been subjected to torture, rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care. ...” 28 .     In its judgment of 14 May 2020 in the case of FMS and Others v.   Országos Idegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and Országos Idegenrendészeti Főigazgatóság (C-924/19 PPU and C-925/19 PPU) the Court of Justice of the European Union ruled inter   alia that the conditions, in which asylum-seekers that had arrived in Hungary via Serbia had been kept in the Röszke transit zone, amounted to a deprivation of liberty: “Directives 2008/115 and 2013/33 must be interpreted as meaning that the obligation imposed on a third-country national to remain permanently in a transit zone the perimeter of which is restricted and closed, within which that national’s movements are limited and monitored, and which he or she cannot legally leave voluntarily, in any direction whatsoever, appears to be a deprivation of liberty, characterised by ‘detention’ within the meaning of those directives. ... Article   43(1) of Directive 2013/32 gives Member States the possibility to provide, at their borders or in their transit zones, for specific procedures in order to decide on the admissibility, under Article   33 of that directive, of an application for international protection made at such locations or on the substance of that application in one of the cases provided for in Article   31(8) of that directive, provided that those procedures comply with the basic principles and fundamental guarantees set out in Chapter II of that directive. Under Article   43(2) of Directive 2013/32, those specific procedures must be carried out within a reasonable time, it being understood that if a decision rejecting the application for international protection has not been taken within a period of four weeks, the Member State concerned must grant the applicant entry to its territory and the application must be dealt with after that four-week period in accordance with the normal procedure. ... Article   43 of Directive 2013/32 must be interpreted as not authorising the detention of an applicant for international protection in a transit zone for a period of more than four weeks.” International law 29.     Article 22 of the Convention on the Rights of the Child of 20   November 1989 (ratified by Hungary on 7 October 1991) reads as follows: Article 22 “1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties. 2. For this purpose, States Parties shall provide, as they consider appropriate, co ‑ operation in any efforts by the United Nations and other competent intergovernmental organizations or nongovernmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the present Convention.” Reports of visits by international bodies 30 .     The Report to the Hungarian Government on the visit to Hungary carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment (“CPT”) from 20 to 26   October 2017 contains the following passages: “...according to the information provided to the delegation by staff, the average length of stay in the transit zone was some 30 days. ... The CPT notes the efforts made by the Hungarian authorities to provide decent material conditions for the accommodation of foreign nationals in the transit zones and to maintain the premises in a good state of repair and hygiene. The accommodation containers measured 13m² and were usually equipped with two bunk ‑ beds and a bed (fitted with clean mattresses, pillows and bedding) and five lockers. The containers had good access to natural light and artificial lighting, as well as to electric heating. In addition to the accommodation containers, in each caged section, there were containers which served as an office for social workers, a dining room (equipped with chairs, tables and a washbasin, as well as with a fridge, an electric kettle and a microwave oven), a laundry room (with a washing machine and a tumble dryer) and separate communal sanitary facilities for men and women (with washbasins, toilets and showers). ... The overall design of the transit zones is far too carceral – rolls of razor blade wire were omnipresent, as were high wire-mesh fences which sometimes ran in several lines. ... Such an environment cannot be considered adequate for the accommodation of asylum-seekers, even less so where families and children are among them. ... In addition, some complaints were heard in both transit zones that, during the summer, the containers had often become very hot as they had neither been properly insulated nor equipped with air-conditioning. As regards activities, it is positive that all foreign nationals were able to move freely within their section and associate with other foreign nationals and had unrestricted access to an adjacent outdoor yard and an air-conditioned communal activity room (equipped with tables, chairs, a television set, board games, playing cards and a table tennis table, as well as some books and toys for children) and a prayer room. In the middle of each accommodation section, there was a gravel outdoor yard equipped with tables, chairs/benches and parasols, and, in several of these yards, foreign nationals could play basketball and volleyball. ... Further, apart from the cloth parasols, the yards had no proper shelter against inclement weather. In both transit zones, some organised activities were offered to adult foreign nationals (such as group discussions, Hungarian language classes, board games/chess). However, many complaints were received from the foreign nationals, in particular those who had been held there for longer periods, about a lack of activities. Efforts were being made in both transit zones to provide children with organised activities. School classes (basic English, Hungarian, mathematics, “cultural matters”) were organised every working day (9 a.m. to 12 noon) by teachers attending from the outside community and there were some leisure activities (2 to 4 p.m.), mostly organised by various NGOs. It is praiseworthy that, at Röszke, the outdoor yards of most accommodation sections for families with children comprised a playground for children (with slides, swings and a sandbox). ... ... If, exceptionally, minors are held with their parents in a transit zone, their stay should be for the shortest possible period of time. ... The living conditions in both transit zones are generally acceptable for holding foreign nationals for a limited period of time (i.e. up to several weeks). However, they are not adequate for holding foreign nationals for prolonged periods, in particular families with children. ... As regards the specific health-care needs of children, the CPT welcomes the fact that a paediatrician attended both transit zones twice per week. That said, it is regrettable that no immunisation history was usually taken with regard to whether or not newly ‑ arrived children had been vaccinated, nor were any immunisations such as measles, chicken pox, mumps or rubella offered. In this regard, the Committee wishes to recall that the presence of children in transit zones increases the risk of transmission of contagious diseases common in children. Steps should be taken to review the provision of health care for children in both transit zones, in the light of the preceding remarks. In both transit zones, the health-care staff included a doctor who was present on a rota basis on workdays, and a pool of part-time nurses (feldshers), two of whom were present around the clock, seven days a week. In addition, a military doctor was present for two hours per day seven days a week in both transit zones; he mainly carried out age assessments and provided emergency treatment. A paediatrician visited both of the transit zones twice a week. ... In both transit zones, the delegation was informed that foreign nationals in need of specialist care were usually transferred to a local hospital (including, if necessary, for psychiatric and psychological consultations) and that a psychologist from the Hungarian Red Cross or a religious organisation occasionally carried out visits (focusing mainly on unaccompanied minors). Notwithstanding that, the provision of psychological and psychiatric care appeared to be insufficient. ... During the end-of-visit talks, the Hungarian authorities informed the delegation that steps were being taken to recruit a psychologist on a part-time basis in each transit zone. ... The CPT acknowledges the efforts made by the Hungarian authorities to facilitate in both transit zones foreign nationals’ contact with the outside world. ...foreign nationals were allowed to keep their mobile phones. In addition, a Wifi Internet connection had been installed in both transit zones, in order to allow foreign nationals to communicate with relatives and friends outside Hungary free-of-charge, including through Voice-over-Internet-Protocol (VoIP) calls. However, the delegation received many complaints from foreign nationals (especially at Tompa) about the weakness of the Wifi signal and consequent frequent unavailability and/or disruption of communications. ... In principle, foreign nationals could send/receive letters without any restrictions and were allowed to receive visits every day. However, given their situation, they were not usually in a position to make use of these possibilities. ...” 31 .     The report on the fact-finding mission of June 2017 of the Special Representative of the Secretary General of the Council of Europe on migration and refugees, Ambassador   Tomáš   Boček, concerning the Rӧszke   transit zone (SG/Inf(2017)33) is summarised in the judgment of Ilias and Ahmed (cited above, § 67). As regards the conditions in the zone, the following observations are also relevant: “2.2. Conditions ... There was razor blade wire on the roofs of the containers. In each section there was a small common courtyard, with a small playground for children. The persons who stayed in the section could get out only to visit the doctor or to have their interviews with the asylum authorities. Whenever they had to move outside the section, they were escorted by the guards of the transit zone. We were informed by the authorities that the guards are not equipped with weapons but only handcuffs. ... The food was distributed by social workers three times per day in plastic bags. One hot meal per day was provided to asylum-seekers, including fruit, while two snacks and extra fruit were offered to children. Some unaccompanied children with whom we met complained that the food they received was not sufficient. We saw the Hungarian Charity Council providing food supplies in the transit zones. ... B