Title Tewelde and Others v. Russia
Publisher Council of Europe: European Court of Human Rights
Publication Date 7 December 2021
Country Eritrea | Russian Federation
Topics Deportation / Forcible return | Eritreans | Immigration Detention
Cite as Tewelde and Others v. Russia, Council of Europe: European Court of Human Rights, 7 December 2021, available at: https://www.refworld.org/cases,ECHR,61b7352c4.html [accessed 18 May 2023]
Comments 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.
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