Children’s rights Archives | Page 17 of 34 | International Commission of Jurists

Saadi v. United Kingdom, ECtHR, Application No. 13229/03, Judgment of 29 January 2008

Sep 5, 2022

The Court recalled that it is a fundamental principle that no detention which is arbitrary can be compatible with Article 5 § 1 ECHR and the notion of ‘arbitrariness’ in Article 5 § 1 extends beyond lack of conformity with national law, so that a deprivation of...

Nystrom v. Australia, UN Human Rights Committee (CCPR), Communication 1557/2007, Views of 18 July 2011

Sep 5, 2022

The UN Human Rights Committee recalled that although under article 9 of the International Covenant on Civil and Political Rights (ICCPR) the detention of aliens residing unlawfully on the State Party’s territory is not per se arbitrary, remand in custody could be...

General comment No. 35 (2014) of the UN Human Rights Committee (CCPR) on Article 9: Liberty and Security of a person

Sep 5, 2022

The UN Human Rights Committee stated that detention in the course of proceedings for the control of immigration is not per se arbitrary, but the detention must be justified as reasonable, necessary and proportionate in the light of the circumstances and reassessed as...

Bashir Mohamed Ali Mahdi, CJEU, Case No. C-146/14 PPU, 5 June 2014

Sep 5, 2022

The CJEU said that immigration related detention is justified only in order to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient. Only the judicial authority should deal with the decisions...

O.M. v. Hungary, ECtHR, Application No. 9912/15, Judgment of 5 July 2016

Sep 5, 2022

The Court recalls that detention is authorised under subparagraph (b) of Article 5 § 1 only to ‘secure the fulfilment’ of the obligation prescribed by law. It follows that, at the very least, there must be an unfulfilled obligation incumbent on the person concerned,...