Case summaries

In this case, the European Court of Human Rights (ECtHR) analysed:

1) whether the conditions that the applicant faced when he was detained in Latvia violated Article 5(1) of the European Convention of Human Rights (ECHR); and

2) whether the appellate proceedings violated Article 5(4) of the ECHR. 

Although the ECtHR held that the conditions in Latvia’s detention centre complied with Article 5(1) and that the appellate courts provided an effective review of the applicant’s detention under Article 5(4), the ECtHR nevertheless found that the appellate proceedings failed to provide the applicant with a speedy decision under Article 5(4). 

The case follows on from litigation presented in M.A. v Cyprus and focuses in on the legal grounds for detention in Cyprus for an applicant who is subject to removal as well as an individual’s right to speedy judicial review of the lawfulness of detention. 

The criteria for detention under Article 28(2) of Dublin III Regulation must be assessed against the length and conditions of detention and must be precisely evaluated with regard to the impact on a child. Failure to do so renders the decision to detain unlawful. 

The European Court of Human Rights has held that the detention conditions on the island of Chios, the detention centre of Tychero and the north of Greece, where a minor Palestinian was held, were not in breach of article 3 of the Convention.

In addition, the Court did not accept that the applicant’s right to liberty and security (article 5) and right to an effective remedy (article 13) had been violated.

The European Court of Human Rights has held Turkey to be in violation of the applicant’s right to liberty as well as material reception conditions during his detention in Kumkapı Removal Centre. The Court further held that the applicant had not benefited from an effective remedy by which to complain of the detention conditions.

The Respondent erred in detaining the Applicant under § 88a (1)(a) point 1 of Act No 404/2011 Coll. on the residence of aliens and amending certain other Acts in proceedings relating to administrative expulsion to the Ukraine, despite being aware of the Applicant’s intention to apply for asylum. The Respondent also incorrectly assessed whether Ukraine is a safe third country as he failed to take into account recent information on the current situation in Ukraine. Moreover, in assessing the risk of absconding, the Respondent asked improper questions. As such the Respondent's conduct violates principles of good governance.

Detention conditions in Greece contrary to Article 3 of the Convention; Lack of effective review of the lawfulness of detention in violation of Article 5 § 4 of the Convention.

The case relates to the detention and proposed deportation from Belgium of an irregularly present Cameroonian national suffering from HIV.

The Court unanimously found that her deportation to Cameroon would not violate Article 2 or Article 3 ECHR. However, she had not been able to effectively challenge the deportation decision, in violation of Article 13.

The Court found a violation of Article 3 based on the lack of appropriate treatment while she was detained. Further, the additional period of detention following interim measures by the Court preventing her removal, was unlawful and violated Article 5(1)f).  

M’s detention pending deportation, for over 2 years and 8 months, was processed without sufficient safeguards against arbitrariness and delay, resulting in four separate violations of the Convention.

Restriction of movement due to the lack of official identification papers can occur only when the Applicant raises sufficient doubt as regards the credibility of his declared identity, at which the actual circumstances of the case at hand need to be taken into account.

The restriction of movement due to the presence of the Applicant’s fingerprints in the EURODAC base is permissible only if the actual circumstances of the case at hand indicate that the Applicant might flee.