Immigration law / Immigration Detention

For these reasons, the court, unanimously: Decides to join the applications; Declares inadmissible: (i) the first and eighth applicants’ complaints that their detention under the domestic court’s detention orders did not comply with Article 5 § 1 of the Convention and (ii) the sixth, seventh and ninth applicants’ complaints that their detention under the domestic court’s detention orders prior to 10 August, 5 November and 22 May 2012 respectively did not comply with Article 5 § 1 of the Convention; Declares the remainder of the applications admissible; Holds that there has been a violation of Article 5 § 1 of the Convention in respect of second to ninth applicants, on account of lack of records of their arrest and detention prior to the issuance of detention orders in respect of them; Holds that there has been a violation of Article 5 § 1 of the Convention in respect of the second to fifth applicants on account of their detention under the domestic court’s detention orders in the absence of a decision ordering their expulsion; Holds that there has been a violation of Article 5 § 1 of the Convention in respect of the sixth applicant on account of his detention from 10 August to 17 October 2012, in respect of the seventh applicant on account of his detention from 5 to 23 November and in respect of the ninth applicant on account of his detention from 22 May to 17 October 2012; Holds that there has been a violation of Article 5 § 4 of the Convention in respect of the first and the sixth to ninth applicants.

18 June 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Asylum-seekers - Immigration Detention | Countries: Somalia - Ukraine

9 October 2017 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Denmark - Italy - Somalia

This case was referred to the Grand Chamber, decision was issued on 21 November 2019 confirming the Chamber Judgment

28 March 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): Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Iraq - Palestine, State of - Russian Federation - Somalia - Syrian Arab Republic

12 January 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions | Countries: Malta - Somalia

22 September 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion - Immigration Detention - Non-refoulement - Safe third country | Countries: Hungary - Serbia - Somalia

10 May 2015 | Publisher: Human Rights Watch | Document type: Country Reports

14 November 2014 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Deportation / Forcible return - Immigration Detention - Rejected asylum-seekers - Somalis | Countries: Netherlands - Somalia

13 December 2013 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Deportation / Forcible return - Immigration Detention - Regional instruments - Right to liberty and security | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland