Communicated case against Armenia (application nr. 82348/17)

Friday, October 23, 2020

The communicated case of D.S. v Armenia (application nr. 82348/17) concerns a Turkmen national who was facing criminal prosecution in his home country and who was arrested upon his arrival at the Zvartnots International Airport in Armenia. An Armenian first instance court ordered his detention, pending extradition, and an appeal against this decision was rejected. Subsequently, his detention was extended for a new period. He successfully appealed against this decision and was, as a result, released. Ultimately, he was granted refugee status in Armenia. 

The application concerns the alleged failure of the Criminal Court of Appeal to carry out a speedy review of the lawfulness of the applicant’s detention pending extradition. The Court therefore asks whether the length of the proceedings, by which the applicant sought to challenge the lawfulness of his detention orders, comply with the “speed” requirement of Article 5 § 4 of the ECHR.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.