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Tewelde and Others v. Russia
Having regard to the information submitted by the parties, the Court finds that at first all the applicants were detained with a view to being removed, and their detention was presumably carried out initially in good faith and in compliance with Article 5 § 1 (f) of the Convention. However, the length of the applicants’ detention, as summarised in the relevant part of the Appendix, was from fourteen to sixteen months and the Government submitted no information about any actions taken in pursuit of the applicants’ administrative removal during these periods. Accordingly, in the Court’s view, the length of the applicants’ detention was not demonstrably related to the purpose pursued.
51. Furthermore, as regards the applicants’ complaint under Article 5 § 4 of the Convention concerning the lack of an effective procedure for review of detention, the Court notes that nothing in the available materials indicates that the applicants’ continued detention had been periodically reviewed or that they had indeed access to any procedure for such review.
52. Accordingly, the Court concludes that there has been a violation of Article 5 § 1 (f) and Article 5 § 4 of the Convention.
7 December 2021
| Judicial Body: Council of Europe: European Court of Human Rights
| Topic(s):
Deportation / Forcible return
- Eritreans
- Immigration Detention
| Countries:
Eritrea
- Russian Federation
|
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Judgment FAC E-5022/2017 of 10 July 2018
The Federal Administrative Court (FAC) confirmed that Eritrean citizens whose applications for asylum have been rejected may be deported back to Eritrea even if they risk being called up for national service upon return to Eritrea. The obligation to work for the state, the low pay and the indefinite time of the national service, constitutes a disproportionate burden, but does not prevent the enforcement of a deportation order.
7 June 2018
| Judicial Body: Switzerland: Tribunal administratif fédéral
| Topic(s):
Deportation / Forcible return
- Eritreans
- Rejected asylum-seekers
| Countries:
Eritrea
- Switzerland
|
