ECtHR decision in Djalti v. Bulgaria (No. 31206/05) [Articles 3 and 5 ECHR]

Friday, October 4, 2013

The applicant is an Algerian national who lives in Sofia. He entered Bulgaria illegally in January 2004 and presented an asylum claim, which was rejected by the asylum authority and by an administrative court. After his temporary residence permit as asylum seeker had expired, his removal was ordered. However, as he did not have any valid travel documents and lacked the means to return to his country of origin, he was placed in a temporary detention centre. He refused to meet representatives of the Algerian Embassy because he feared reprisals. He was released in October 2005, following two judgments annulling the detention order. 

Before the ECtHR, he argued that articles 5(1), 5(4) and 5(2) of the ECHR were violated as his detention had been unlawful, he had not disposed of any means to challenge it and had not been informed of the reasons of his arrest. He also alleged a violation of Article 3 on account of the conditions of his detention. The Court found a violation of Article 5(1): the duration of the applicant's detention was not justified by his prospective removal, as the authorities did not act with sufficient diligence to execute this measure. The Court also found a violation of Article 5(4) because the judicial remedy foreseen for challenging the lawfulness of his detention could not lead to his immediate release and was not expeditious enough. His complaints under Articles 3 and 5(2) were declared inadmissible.

Read the full judgment (available only in French) on the Court's website.

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Inhuman or degrading treatment or punishment
Effective remedy (right to)