M.S. v Malta (application no. 30737/24) 2024 (ECtHR)

Fourth section, Application no. 30737/24, M.S. against Malta, lodged on 25 October 2024

Summary

ECtHR communicated case: ECHR compatibility of detention and deportation order by Malta against a Bangladeshi LGBTI asylum seeker

On 19 March 2025, the European Court of Human Rights (ECtHR) communicated the case of M.S. v. Malta (Application no. 30737/24). The case concerns the deportation and prolonged detention of a Bangladeshi national who identifies as a transgender woman and claims to be at risk of ill-treatment contrary to Article 3 of the European Convention on Human Rights (ECHR) if returned to Bangladesh due to her sexual orientation and gender identity.

The ECtHR asked the parties whether the applicant would face a real risk of being subjected to treatment in breach of Article 3 ECHR if returned to Bangladesh, considering her profile as a member of the LGBTI community and the past violence she reportedly suffered at the hands of both private and State actors. The ECtHR further questioned whether the Maltese authorities fulfilled their procedural obligations under Article 3, alone and in conjunction with Article 13, to conduct an adequate and rigorous assessment of the applicant’s claims, including whether the asylum bodies involved (IPAT and IAB) could be regarded as independent and impartial. The ECtHR also invited submissions on whether the applicant had been subjected to inhuman or degrading treatment during her detention, particularly in view of her identified vulnerability due to her diverse sexual orientation, gender identity, expression, and sex characteristics (SOGIESC), and mental health. Additionally, it asked whether her immigration detention (lasting over eight months) was lawful and free from arbitrariness under Article 5(1) ECHR, and whether the authorities took her vulnerability into account when imposing or reviewing the detention measures. Finally, the ECtHR requested information on whether the applicant had access to effective domestic remedies under Article 5(4) for challenging the lawfulness of her detention, and under Article 13 ECHR in relation to her conditions of detention.

[Source: ELENA Weekly Legal Update – 11 April 2025]