Council of Europe: European Court of Human Rights

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 | Document type: Case Law | Topic(s): Deportation / Forcible return - Eritreans - Immigration Detention | Countries: Eritrea - Russian Federation

The case mainly concerns the applicants’ complaints, under Article 5 of the Convention, that their arrest and detention as migrants in an irregular situation were unlawful, and that they were not informed of the reasons for their arrest and had no effective access to the procedure to challenge the lawfulness of their arrest and detention. It also concerns the eighth applicant’s complaint under Article 3 that she, a minor at the time, was not provided with adequate care in detention in connection with her pregnancy and the miscarriage she suffered.

16 July 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Arbitrary arrest and detention - Right to liberty and security | Countries: Eritrea - Guinea - Somalia - Ukraine

20 June 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Credibility assessment - Exhaustion of domestic remedies - Expulsion - Forced labour - Freedom from torture, inhuman and degrading treatment | Countries: Eritrea - Switzerland

12 January 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Access to procedures - Border controls - Effective remedy - Grounds for persecution - Refugee status determination (RSD) / Asylum procedures | Countries: Djibouti - Eritrea - Ukraine

See further Committee of Minister (CM) decisions of September 2016 and June 2017 available at: http://hudoc.exec.coe.int/eng?i=CM/Del/Dec(2016)1265/H46-16 ; http://hudoc.exec.coe.int/eng?i=CM/Del/Dec(2017)1288/H46-17E) and Italian authorities submission of Sept. 2017 ( available at: http://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168075968c); the Communication by Italian Government Action plan (https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168091f978 ); and the decision by the Committee of Ministers of 5 March 2020 (available at: https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016809cc879)

21 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Access to procedures - Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Refoulement - Rescue at sea / Interception at sea | Countries: Afghanistan - Eritrea - Greece - Italy - Sudan

Related documents: UNHCR's oral intervention at the European Court of Human Rights - Hearing of the case Hirsi and Others v. Italy (22 June 2011); and Submission by the Office of the United Nations High Commissioner for Refugees in the Case of Hirsi and Others v. Italy (29 March 2011); and Intervener Brief filed on behalf of the United Nations High Commissioner for Human Rights (5 May 2011).

23 February 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Countries: Eritrea - Italy - Libya - Somalia

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

26 April 2007 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Access to procedures - Airports - Effective remedy - Pre-entry procedures | Countries: Eritrea - France

10 October 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom of expression - Persecution based on political opinion | Countries: Eritrea - France

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

1 December 2005 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Family reunification - Right to family life | Countries: Eritrea - Netherlands

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

5 July 2005 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Well-founded fear of persecution | Countries: Eritrea - Netherlands