Immigration law / Immigration Detention

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

19 February 2015 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Burden-sharing and international co-operation - Immigration Detention - Regional instruments | Countries: Austria - Eritrea - Italy

23 October 2013 | Publisher: Reporters Without Borders | Document type: Country Reports

September 2013 | Publisher: Refugee Studies Centre | Document type: Thematic Reports

30 June 2013 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

18 April 2013 | Judicial Body: Israel: Beer Sheva District Court | Document type: Case Law | Countries: Eritrea - Israel

18 April 2013 | Judicial Body: Israel: Supreme Court | Document type: Case Law | Countries: Eritrea - Israel