On the Culpable Conduct Test of the ECtHR:Is it Protecting or…: B. Whether the Collective Expulsion Has Happened: The Analysis and the Main Arguments

Looking at the description above, for the Court, expulsion would occur if the person…

The applicants were removed from Spanish territory and forcibly returned to Morocco…

As is seen, the Court first aims to clarify whether expulsion happened. Similarly,…

[i]t was in fact the applicants who placed themselves in jeopardy by participating in the illegal entry onto Macedonian territory on 14 March 2016, taking advantage of the group’s large numbers. […] [T]he lacks of individual removal decisions can be attributed to the fact that the applicants, if they indeed wished to assert rights under the Convention, did not make use of the official entry procedures existing for that purpose, and was thus a consequence of their own conduct. Accordingly, the Court considers that there has been no violation of Article 4 of Protocol No. 4 to the Convention.(59)…

“It was such a long distance”, she said exasperatedly, using her hands to point either side of the cavernous chapel. “The Border Patrol was here, the boy was there. It was so far apart. How can you compare a man who has been trained to aim, shoot, and kill – who has been trained to kill- and this young boy, with rocks?” Agent Mesa fired twice across the border into Mexico… Sergio staggered a few meters and fell beside the pylon of the railroad bridge.(60)…

On the Culpable Conduct Test of the ECtHR:Is it Protecting or Deprotecting Refugees?

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B.Whether the Collective Expulsion Has Happened: The Analysis and the Main Arguments