ECtHR judgment in Akhadov v. Slovakia, Application No. 43009/10, 28 January 2014

Monday, February 3, 2014

The Applicant, a Russian national, attempted to seek asylum in Slovakia in June 2009. He was detained pending expulsion on the grounds of illegal residence and contravention of a five year entry ban. On 16 July, he sought judicial review of the order for his detention. The Regional Court dismissed his application at an oral hearing on 13 August, in the presence of his lawyer. A subsequent complaint concerning the length of proceedings was rejected by the Constitutional Court as inadmissible in December. The Regional Court’s dismissal of his judicial review request was quashed by the Supreme Court, which prompted the former court to quash the original detention order and remit the matter to the first instance decision-maker for a new assessment and decision. In November 2009, the Applicant was expelled to Russia. Before the ECtHR, he argued that the length of the initial judicial review proceedings before the Regional Court was incompatible with Article 5(4) (right to have lawfulness of detention decided speedily by a court) ECHR.

The ECtHR found that the ‘speediness’ requirement in Article 5(4) had not been met, given that it took 28 days between the date of lodging the judicial review application in July and the date of the oral hearing upholding the detention order in August 2009. The Court had regard for the fact that the case was not of particular complexity and the Applicant’s conduct had not contributed to any delay. In addition, the August judgment was not the end of the detention, which was subsequently declared unlawful.  Finally, the Court highlighted that the initial detention order had been issued by a non-judicial body. Taking these considerations together, the ECtHR declared a violation of Article 5(4) and awarded 2,600 Euros in respect of non-pecuniary damage.

Read the judgment of the European Court of Human Rights.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. 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, the IRC or its partners