The case involves a mother with her 19-month child who were placed in a guarded immigration detention centre in Poland for around nine months pending their expulsion to Russia. Despite psychological reports evidencing serious mental health issues for the mother and stress and developmental risks for the child, Polish courts extended their detention several times based on the risk that they might abscond as the ground for detention.
The European Court for Human Rights ruled that the prolonged detention was not a last-resort measure, as the authorities failed to meaningfully assess less restrictive alternatives, including an offer from a third party to host the family. It found the conditions and the duration of detention excessive, particularly considering the applicants’ vulnerability and the child’s very young age. Consequently, the Court held that Poland had violated both Article 5 §1(f) and Article 8.
Read the full decision here.