The Chamber of the European Court of Human Rights (ECtHR) announced Wednesday the relinquishment of its jurisdiction to the Grand Chamber in a case concerning 32 Afghan refugees at the Poland-Belarus border. The group alleges that they were illegally pushed back by Polish border guards after attempting to enter Poland from Belarus.

The Afghan nationals claim they fled their homeland following the Taliban’s takeover of the government in 2021. They first crossed into Poland from Belarus in August 2021 but were pushed back, forcing them to set up camp in “problematic sanitary and humanitarian conditions.” In October of the same year, some members of the group attempted to re-enter Poland but were again sent back to Belarus by Polish police.

The applicants allege that they have been denied access to asylum and, if sent back to Afghanistan, they risk inhuman or degrading treatment, in breach of Article 3 of the European Convention on Human Rights (ECHR). Furthermore, the applicants allege they may face chain refoulement if sent to Belarus, violating the principle of non-refoulement in Article 33 of the 1951 Refugee Convention that prohibits the return of anyone to a place where they would face a real risk of persecution, torture or other ill-treatment or a threat to life.

In addition, the applicants claim they were collectively expelled from Poland without effective remedy. The applicants rely on Article 13 of the ECHR, which prohibits discrimination, in combination with Article of Protocol 4 to the ECHR, outlining the prohibition of collective expulsion.

In August 2021, the ECtHR Chamber granted an interim measure ordering Poland to provide essential supplies and temporary shelter though the Chamber did not require that the applicants should be let into Poland. This measure was extended on September 27, 2021, and Poland was instructed to refrain from returning the refugees to Belarus if they were on Polish territory.

The Chamber has now relinquished its jurisdiction to the Grand Chamber. The Grand Chamber only exceptionally directly receives applications for cases involving serious questions about the interpretation of the ECHR and potential conflicts with previous decisions.

This case reflects several instances of migrants being trapped at the border between Belarus and other European countries such as Poland or Latvia. According to reports, migrants are encouraged to enter Europe through Belarus, in effect weaponising the migrants. A similar case before the ECtHR involved Iraqi nationals being pushed back to the Belarusian border in 2021.