Language Switcher

Key Words Archives: Reasonable time

Bistieva and Others v.Poland, ECtHR, Application no. 75157/14, Judgment of 10 April 2018

The Polish authorities had failed to assess the impact of the detention on the family and the children in particular, not fulfilled their obligation to consider the family’s detention as a measure of last resort and had not considered alternative measures. Child detention is permitted for the shortest amount of time and only if the detention conditions are appropriate and less coercive measures are not available.

http://hudoc.echr.coe.int/eng?i=001-182210

Continue Reading

CJEU, Hassen El Dridi case, Case no. C-61/11 PPU, 28 April 2011

The CJEU found that the Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Members States for returning illegally staying third-country nationals must be interpreted as precluding a Member State’s legislation which provides for a sentence of imprisonment to be imposed on an illegally staying third-country national on the sole ground that they remain, without valid grounds, on the territory of that State, contrary to an order to leave that territory within a given period.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62011CJ0061

Continue Reading

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

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 it extends in time.

https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2fC%2fGC%2f35&Lang=en

Continue Reading

UN Human Rights Committee (CCPR), A. v. Australia, Communication 560/1993, Views of 3 April 1997

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 it extends in time.

https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2fC%2f59%2fD%2f560%2f1993&Lang=en

Continue Reading