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Cyprus - Supreme Court, Application 1/2019, 24 January 2019
Country of applicant: Georgia

Delays in the asylum procedure which cannot be imputed to the asylum seeker, and failure to consider less coercive alternatives when detention exceeds reasonable time limits, render detention unlawful.

Date of decision: 24-01-2019
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,Art 5.1,Art 5.1 (f),EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 8,Article 9
Greece - Administrative Court of First Instance of Kavala, Decision no. 407/2018, 17 December 2018
Country of applicant: Pakistan

The continuation of detention beyond the period of 90 days, while the appeal against the decision rejecting the asylum application was still pending, is a disproportionate measure of deprivation of liberty for the applicant. Alternative measures must be considered.

Date of decision: 17-12-2018
Relevant International and European Legislation: Article 5,Art 5.1,Art 5.1 (f)
Greece - Administrative Court of First Instance of Korinthos, Decision no. Π2265/18, 27 September 2018
Country of applicant: Iran

Withdrawal of detention due to the use of forged travel documents and subsequent obligation to appear before the competent authorities, given to the pending status of the application for asylum.

Date of decision: 27-09-2018
Relevant International and European Legislation: Art 31,Art 31.1,Article 5,Art 5.1,Art 5.1 (f),Article 8,Article 9
ECtHR - S.Z. v. Greece, Application no. 66702/13, 21 June 2018
Country of applicant: Syria

The ECtHR ruled that the detention of a Syrian national was unlawful as his return to Syria was impracticable, which the authorities should have known at that time. It was incumbent on the domestic authorities to consider alternative measures in respect of the applicant. The applicant did not have the benefit of an examination of the lawfulness of his detention to a sufficient degree. Therefore, there was a violation of Articles 5(1) and (4) ECHR.

The ECtHR also ruled that his detention at the Zografou police station led to a violation of his rights under Article 3 ECHR, since it lacked the amenities required for prolonged periods of detention.

Date of decision: 21-06-2018
Relevant International and European Legislation: Article 3,Article 5,Art 5.1,Art 5.4
ECtHR - Bistieva and Others v. Poland, Application No. 75157/14, Judgement of 10 April 2018
Country of applicant: Russia
Keywords: Detention

The ECtHR held that the detention for almost six months of a Russian national and her three children in a detention centre in Poland amounted to a violation of Article 8, as even in the light of the risk that the family might abscond, the authorities failed to provide sufficient reasons to justify the detention for such a length of time.

Date of decision: 10-04-2018
Relevant International and European Legislation: Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,Article 8,Article 41
ECtHR, H.A. and others v. Greece, 19951/16, 28 February 2019
Country of applicant: Iraq, Morocco, Syria

The detention conditions, to which the applicants had been subjected to in police stations, while being under protective custody as unaccompanied minors, violated Article 3 ECHR.  Violation of Article 3 in conjunction with Article 13 on account of the applicants’ inability to bring a complaint against the detention conditions.

Their placement in protective custody was an unlawful detention measure under Article 5, as there were no time limits, no vulnerability assessment and no consideration of this form of custody as one of last resort. The applicants had no possibility to exercise their rights under Article 5 (4), as they could not establish contact with their lawyer and the lack of official detainee status would have raised practical obstacles in any attempt to challenge their detention.

Date of decision: 28-02-2018
Relevant International and European Legislation: Article 3,Article 13,Art 5.1,Art 5.4,UN Convention on the Rights of the Child
ECtHR - M.K. v. Russia, Application no. 35346/16, 27 February 2018
Country of applicant: Syria

The Court indicated interim measures (under Rule 39) to Russia after the order of removal of a Syrian national who applied for asylum after the expiry of his student visa. Subsequently, the applicant applied to the Court against the Russian Federation claiming that Russia had breached his rights under Articles 2, 3, 5(1)(f) and 5(4) of the Convention.

Date of decision: 27-02-2018
Relevant International and European Legislation: Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,Article 5,Article 13
ECtHR – J.R. and others v. Greece, Application no. 22696/16, 25 January 2018
Country of applicant: Afghanistan

The ECtHR ruled that there had not been a violation of Article 5(1) ECHR in the applicant’s detention at the VIAL hotspot, a day after the entry into force of the EU-Turkey Statement. It also ruled that the threshold of severity required for their detention conditions to be considered as inhuman or degrading treatment had not been reached.

However, the ECtHR found that Greece violated the applicant’s rights under Article 5(2) by not providing them with detailed, understandable information about the reasons for their detention and the remedies available to them.

Date of decision: 25-01-2018
Relevant International and European Legislation: EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 15,Article 3,Article 5,Article 34,Article 35,Article 41
ECtHR - Abdullahi Elmi and Aweys Abubakar v. Malta, Application No. 25794/13 and 28151/13, 22 February 2017
Country of applicant: Somalia

The applicants although minors were detained in a detention facility where they were mixed with adults. The detention lasted until the Maltese government determined (in a process that took 8 months) that they were minors.

Moreover, the harsh conditions in the detention facilities amounted to inhuman or degrading treatment.

Date of decision: 09-01-2018
Relevant International and European Legislation: European Union Law,International Law,Council of Europe Instruments,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 5,Article 8,Article 34,Article 37,Article 44,Article 45,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 11,Article 24,UN Convention on the Rights of the Child
ECtHR - K.I. v Russia, Application no. 58182/14, 7 November 2017
Country of applicant: Tajikistan

The Court ruled that there would be a breach of Article 3 if the applicant were expelled to Tajikistan, that there was a violation of Article 5(4) based on the thirty-five and the seventy days delay of the competent agency processing the translation of the relevant material for the applicant. Finally, the Court found that the detention was lawful and there was no violation of Article 5(1).

Date of decision: 07-11-2017
Relevant International and European Legislation: Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 5,Article 13