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ECtHR - Amie and Others v. Bulgaria, Application No. 58149/08
Country of applicant: Bulgaria

The case concerns the unlawfulness of the detention pending expulsion for a total period of more than one year and eight months without effective judicial review of one of the applicants, Mr. Abas Amie (Articles 5 § 1, 5 § 4 of the ECHR); and an unlawful interference with the right to respect for family life, in breach of Article 8 of the ECHR, with respect to the other applicants, his family members.

Date of decision: 12-02-2013
Italy - Court of Turin, 3 February 2013, RG 797/2013
Country of applicant: Albania

The legality of an applicant’s detention in a Centre for Identification and Expulsion (C.I.E.), even where this satisfies legal requirements, should be assessed in the light of the compatibility of the applicant’s state of health with the type of assistance and support that the centre is able to provide.

Date of decision: 03-02-2013
Austria - Administrative Court (VwGH) 24 January 2013, 2012/21/0230
Country of applicant: Angola

Failure to integrate into the country, which is typically the case, does not constitute grounds for protection. Behaviour a long time previously in relation to the entry is not significant when assessing security requirements. Aggressive behaviour in the Federal Support Centre does not alone represent a need for security which justifies detention (deportation detention). Despite removal from the Federal Support Centre owing to this behaviour, this must not lead to an asylum seeker losing his entitlement to basic services.

Date of decision: 24-01-2013
Moxamed Ismaaciil and Abdirahman Warsame v Malta, Application nos. 52160/13 and 52165/13, 12 January 2013
Country of applicant: Somalia

The holding of two Somali nationals in a Maltese detention centre is declared not to be a violation of Article 3 of the Convention; the cumulative effect of the conditions of detention did not amount to inhuman treatment.  The Court accepted that the detention, although lengthy, fell within Article 5 (1) (f). However, the Court declares a violation of Article 5 (4) as the applicants did not have access to judicial review of the decision to detain them, hence they could not challenge the lawfulness of detention. 

Date of decision: 12-01-2013
ECtHR- Singh and Others v. Belgium, Application no. 33210/11, 2 January 2013
Country of applicant: Afghanistan

The case examined the allegations of the applicants that their deportation to Moscow will entail a real risk of refoulement to Afghanistan where they fear treatment contrary to Article 3 of the Convention.  Further, it examined the applicants’ complaints of a violation of their right to an effective remedy in conjunction with Article 3, invoking Article 13 of the Convention.

Date of decision: 02-01-2013
Netherlands - Council of State, 14 December 2012, 201208906/1/V3

The Council of State found that a decision to extend the detention of a foreigner was a decision which adversely affected the individual. The principle enshrined in EU law of the rights of the defence applies to the preparation for this decision. Under this principle, according to the Council of State, the facts and circumstances forming the basis for the extension decision must be explained expressly and clearly to the foreigner, along with the legal consequences of the decision. Furthermore, a representative must be notified of the intention to issue a decision to extend detention of the foreigner, to enable the representative to support the foreigner in his response to the extension decision.

Date of decision: 14-12-2012
Italy - Tribunal of Crotone, 12 December 2012, n. 1410
Country of applicant: Unknown
Keywords: Detention, Return

In a situation of unlawful detention – unlawful because it did not comply with national and European norms on the detention of illegally staying citizens – as well as inhuman and degrading conditions in the Identification and Expulsion Centre, the revolt by the four Defendants should be considered as proportionate and the alleged conduct should be treated as legitimate defence.

Date of decision: 12-12-2012
ECtHR- Mahmundi and others v. Greece, 14902/10, 24 October 2012
Country of applicant: Afghanistan

The case examined the allegations of five Afghan nationals that their detention conditions in Pagani detention centre were in violation of Article 3 of the Convention, that they did not have access to an effective remedy (Article 13) and that they were deprived of their liberty and security as well as of their right to have the lawfulness of their detention decided speedily by a Court (Article 5 para 4). 

Date of decision: 24-10-2012
ECtHR - Hendrin Ali Said and Aras Ali Said v. Hungary, Application No. 13457/11
Country of applicant: Iraq

The case concerned complaints under Article 5 § 1 by asylum

seekers staying at the Debrecen Reception Centre for Refugees (Hungary) about the unlawfulness of their detention – without effective judicial review – pending the outcome of their asylum claims.

Date of decision: 23-10-2012
ECtHR - Al-Tayyar Abdelhakim v. Hungary, Application No. 13058/11
Country of applicant: Lebanon, Palestinian Territory

The case concerns an asylum seeker’s complaint under Article 5(1) about the unlawfulness of his detention without effective judicial review, pending the outcome of his asylum claim.

Date of decision: 23-10-2012