Skip Ribbon Commands
Skip to main content
22/06/2021
The ECtHR rejected as inadmissible a claim of a detainee who alleged procedural issue related to the right to be heard and Covid-19

ECLI
ECLI:CE:ECHR:2021:0622DEC003575120
Input Provided By
EUAA IDS
Type
Decision
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Council of Europe, European Court of Human Rights [ECtHR], BAH v The Netherlands, 35751/20 , ECLI:CE:ECHR:2021:0622DEC003575120, 22 June 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2204
Case history
Other information
Abstract

According to the ECtHR Information Note:


This case concerned the impossibility for the applicant, a Guinean national, to be heard in immigration detention appeal in person or by tele- or videoconference due to initial infrastructure problems in Covid-19 pandemic. The Court declared the application inadmissible, as being manifestly ill-founded, finding that the applicant had been entitled to take proceedings within the meaning of Article 5 § 4 (right to a speedy decision on the lawfulness of detention) of the Convention and that in the circumstances of the present case those proceedings met the requirements of that provision. The Court noted in particular that, given the difficult and unforeseen practical problems with which the State had been confronted during the first weeks of the Covid-19 pandemic, the fact that the applicant had benefitted from adversarial proceedings during which he had been represented by and heard through his lawyer who had attended the hearing by telephone and with whom he had had regular contact, the importance of the applicant’s other applicable fundamental rights and the general interest of public health, the examination of the detention order without securing his attendance at the hearing in person or by videoconference had not been incompatible with Article 5 § 4.


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
35751/20
Date of Decision
22/06/2021
Country of Origin
Guinea
Keywords
COVID-19/Emergency measures
Detention/ Alternatives to Detention
Effective remedy
Legal Aid/Legal assistance/representation
Other Source/Information
ECHR