Afghanistan

87 The Minister did not seek to justify PDWL’s continuing detention on any basis other than that a decision had been made under subs 189(1) of the Migration Act. For the reasons just given, subs 189(1) of the Migration Act can provide no justification for the continuing detention of PDWL. It follows that he is currently being unlawfully detained. That state of affairs should be immediately remedied. The appropriate remedy is an order that he be immediately released. I do not consider that it is necessary or useful to express that order in terms of the issue of a writ of habeas corpus, or an order in the nature of habeas corpus. As PDWL has been brought before the Court, it is unnecessary to direct that the Minister or any particular officer who is responsible for his detention release PDWL from detention. It is sufficient that I simply order his release forthwith.

17 March 2020 | Judicial Body: Australia: Federal Court | Topic(s): Habeas corpus - Immigration Detention - Right to liberty and security | Countries: Afghanistan - Australia

The case concerned the conditions of detention of Syrian, Afghan and Palestinian nationals in the “hotspots” of Vial and Souda (Greece), and the lawfulness of their detention in those camps. The Court considered that the authorities had done all that could reasonably be expected of them in the Vial camp to meet the obligation to provide care and protection to unaccompanied minors. The other applicants had been transferred immediately – or within ten days – from the Vial camp to the Souda camp. The Court also held that the conditions of detention in the Souda camp did not amount to inhuman or degrading treatment. The Court reiterated its previous finding that a period of one month’s detention in the Vial camp should not be considered excessive, given the time needed to comply with the relevant administrative formalities. In addition, the length of the applicants’ detention once they had expressed their wish to apply for asylum had been relatively short. In contrast, the applicants, who did not have legal assistance, had not been able to understand the content of the information brochure; in particular, they were unable to understand the material relating to the various appeal possibilities available under domestic law.

3 October 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Legal representation / Legal aid - Right to liberty and security | Countries: Afghanistan - Greece - Palestine, State of - Syrian Arab Republic

The Court found in particular that the applicants had been deprived of their liberty for their first month in the centre, until 21 April 2016 when it became a semi-open centre. The Court was nevertheless of the view that the one-month period of detention, whose aim had been to guarantee the possibility of removing the applicants under the EU-Turkey Declaration, was not arbitrary and could not be regarded as “unlawful” within the meaning of Article 5 § 1 (f). However, the applicants had not been appropriately informed about the reasons for their arrest or the remedies available in order to challenge that detention.

25 January 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security | Countries: Afghanistan - Greece

26 July 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Effective remedy - Immigration Detention - National security / Public order - Refugees - Right to family life - Right to liberty and security | Countries: Afghanistan - Bulgaria

5 April 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Asylum-seekers - Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Right to liberty and security - Unaccompanied / Separated children | Countries: Afghanistan - Greece

Application made by summons for an interlocutory injunction restraining the defendants or any officer, servant or agent of the defendants from detaining the plaintiff and/or for an order that the plaintiff be released from detention.

19 January 2011 | Judicial Body: Australia: Federal Magistrates Court | Topic(s): Asylum-seekers - Illegal entry - Immigration Detention - Rescue at sea / Interception at sea - Right to liberty and security - Unaccompanied / Separated children | Countries: Afghanistan - Australia

Cet arrêt deviendra définitif dans les conditions définies à l’article 44 § 2 de la Convention. Il peut subir des retouches de forme.

26 November 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Right to liberty and security | Countries: Afghanistan - Greece

Admissibility application.

12 May 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Asylum-seekers - Effective remedy - Expulsion - Immigration Detention - Refoulement - Right to liberty and security - Safe third country - Single procedure - Women-at-risk | Countries: Afghanistan

Petitions for habeas corpus.

2 April 2009 | Judicial Body: United States District Courts | Topic(s): Combatants / Former combatants - Habeas corpus - Jurisdiction - Prison or detention conditions - Right to liberty and security - Terrorism | Countries: United Arab Emirates - United States of America