CASE OF A.H. v. SERBIA AND NORTH MACEDONIA

CASE OF A.H. v. SERBIA AND NORTH MACEDONIA

Application No: 60417/16, 79749/16

Articles: 35, 35-1, 35-3-a, 3, 41

Respondent state: MKD;SRB

Date: 2026-11-03

Conclusion:

Preliminary objection joined to merits and dismissed (Art.

35) Admissibility criteria; (Art. 35-1) Exhaustion of domestic remedies; Remainder inadmissible (Art.

35) Admissibility criteria; (Art. 35-1) Exhaustion of domestic remedies; (Art. 35-3-a) Manifestly ill-founded; Violation of Article 3 - Prohibition of torture (Article 3 - Expulsion) (Procedural aspect) (Serbia); Violation of Article 3 - Prohibition of torture (Article 3 - Expulsion) (Procedural aspect) (North Macedonia); Non-pecuniary damage - award (Article 41 - Non-pecuniary damage; Just satisfaction)

Subject classification: A.A. and Others v. North Macedonia, nos. 55798/16 and 4 others, §§ 70 and 116, 5 April 2022; A.A. v. Serbia (dec.), no. 50898/20, § 45, 14 October 2025; A.R.E. v. Greece, no. 15783/21, §§ 209-15, 7 January 2025; Ali v. Serbia, no. 4662/22, 25 March 2025; Amerkhanov v. Turkey, no. 16026/12, § 57, 5 June 2018; Baka v. Hungary [GC], no. 20261/12, § 149, 23 June 2016; Batyrkhairov v. Turkey, no. 69929/12, § 50, 5 June 2018; Bekir and Others v. North Macedonia (dec.) [Committee], no. 46889/16, §§ 41 and 50, 24 June 2021; Budrevich v. the Czech Republic, no. 65303/10, §§ 64-72, 17 October 2013; Communauté genevoise d’action syndicale (CGAS) v. Switzerland [GC], no. 21881/20, §§ 138-44, 27 November 2023; D v. Bulgaria, no. 29447/17, § 116, 20 July 2021; D.A. and Others v. Poland, no. 51246/17, § 38, 8 July 2021; D.M. v. Sweden, no. 32694/23, § 201, 26 March 2026; Delovski v. the former Yugoslav Republic of Macedonia (dec.) [Committee], no. 56148/15, §§ 22 and 25, 7 July 2020; DOOEL Zlaten Egej v. North Macedonia (dec.) [Committee], no. 4051/13, § 19, 17 November 2020; Dubovtsev and Others v. Ukraine, nos. 21429/14 and 9 others, §§ 67-71, 21 January 2021; Đurić v. Serbia, no. 24989/17, § 95, 6 February 2024; El-Masri v. the former Yugoslav Republic of Macedonia [GC], no. 39630/09, § 151, ECHR 2012; FINE DOO and Others v. North Macedonia (dec.), no. 37948/13, 17 May 2022; G.R.J. v. Greece (dec.), no. 15067/21, §§ 174-80, 3 December 2024; Gjini v. Serbia, no. 1128/16, 15 January 2019; H.T. v. Germany and Greece, no. 13337/19, § 125, 15 October 2024; Hirsi Jamaa and Others v. Italy [GC], no. 27765/09, §§ 147 and 204, ECHR 2012; Ilias and Ahmed v. Hungary [GC], no. 47287/15, 21 November 2019; J.R. and Others v. Greece, no. 22696/16, 25 January 2018; Jabari v. Turkey, no. 40035/98, § 39, ECHR 2000-VIII; Kebe and Others v. Ukraine, no. 12552/12, § 86, 12 January 2017; Koceski v. the former Yugoslav Republic of Macedonia (dec.), no. 41107/07, § 27, 22 October 2013; L.M. and Others v. Russia, nos. 40081/14 and 2 others, § 100, 15 October 2015; M.S. v. Slovakia and Ukraine, no. 17189/11, § 88, 11 June 2020; M.S.S. v. Belgium and Greece [GC], no. 30696/09, ECHR 2011; N.D. and N.T. v. Spain [GC], nos. 8675/15 and 8697/15, §§ 85-88, 13 February 2020; Nasrulloyev v. Russia, no. 656/06, § 59, 11 October 2007; Rakhmonov v. Russia, no. 50031/11, §§ 34-37, 16 October 2012; Selahattin Demirtaş v. Turkey (no. 2) [GC], no. 14305/17, §§ 206-08, 22 December 2020; Shamayev and Others v. Georgia and Russia, no. 36378/02, § 448, ECHR 2005-III; V.V.G. v. the former Yugoslav Republic of Macedonia (dec.), no. 55569/08, §§ 45-46, 20 January 2015; Vijayanathan and Pusparajah v. France, 27 August 1992, § 46, Series A no. 241-B; Vinčić and Others v. Serbia, nos. 44698/06 and 30 others, § 51, 1 December 2009; Vraniškoski v. the former Yugoslav Republic of Macedonia (dec.), no. 39168/03, 22 June 2010; Vučković and Others v. Serbia (preliminary objection) [GC], nos. 17153/11 and 29 others, §§ 72 and 84, 25 March 2014