Eritrea

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

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

10 March 2010 | Publisher: Council of Europe: Commissioner for Human Rights | Document type: Court Interventions / Amicus Curiae

Application for judicial review.

22 February 2010 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Deportation / Forcible return - Eritreans - Immigration Detention - Jehovah's Witness - Multiple nationality - Racial / Ethnic persecution - Religious persecution (including forced conversion) | Countries: United Kingdom of Great Britain and Northern Ireland

February 2010 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

On appeal from the Queen's Bench Division, Administrative Court: R (on the application of Rabah, Woldemichael and Saadah) v. Secretary of State for the Home Department,[2009] EWHC 1044 (Admin).

4 December 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Topic(s): Deportation / Forcible return - Immigration Detention - Rejected asylum-seekers - Temporary admission | Countries: Eritrea - Ethiopia - Palestine, State of - United Kingdom of Great Britain and Northern Ireland

Subsequently appealed before the Court of Appeal: R (on the application of MS, AR & FW) v. Secretary of State for the Home Department [2009] EWCA Civ 1310.

18 March 2009 | Judicial Body: United Kingdom: High Court (England and Wales) | Document type: Case Law | Topic(s): Deportation / Forcible return - Housing, land and property rights (HLP) - Immigration Detention - Rejected asylum-seekers - Temporary admission | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland