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Briefly Noted
Published online by Cambridge University Press: 27 August 2020
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On February 13, 2020, the Grand Chamber of the European Court of Human Rights (ECtHR) announced its decision in N.D. and N.T. v. Spain. According to a press release from the Court, the case concerned two individuals (one from Mali and the other from Côte d'Ivoire) who were immediately returned to Morocco from Spain after unlawfully entering the autonomous Spanish city of Melilla on the North African coast. The individuals argued that their return to Morocco violated ECHR Articles 4 of Protocol 4 (prohibition of collective expulsion) and Article 13 (right to an affective remedy). The ECtHR disagreed, basing its decision on the fact that the two applicants unlawfully entered Melilla. The Court stated that because the two individuals had chosen not to make use of lawful channels for entry, their immediate return to Morocco without individual assessment of their cases for asylum "was thus a consequence of their own conduct" (para. 231). Because the Court found no violation of article 4, it could not make a finding with respect to article 13.
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