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05/07/2016
ECHR rules on the interpretation of the Article 5 § 1 (b) of the Convention (right to liberty and security - detention)

ECLI
ECLI:ECLI:CE:ECHR:2016:0705JUD000991215
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Council of Europe, European Court of Human Rights [ECtHR], O.M. (Iran) v Hungary, Application no. 9912/15, ECLI:ECLI:CE:ECHR:2016:0705JUD000991215, 05 July 2016. 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=337
Case history
Other information

Council of Europe, European Court of Human Rights [ECtHR], A.A. v Hungary, No 7077/15, ECLI:CE:ECHR:2023:0914JUD000707715, 14 September 2023. Link redirects to the English summary in the EUAA Case Law Database.

Council of Europe, European Court of Human Rights [ECtHR], Dshijri v Hungary, 21325/16, ECLI:CE:ECHR:2023:0223JUD002132516, 23 February 2023. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

According to the ECtHR press release: The applicant, O.M., is an Iranian national who was born in 1982 and currently lives in Budapest. The case concerns his detention for 58 days following his request for asylum in Hungary. Having traveled via Serbia, O.M. arrived in Hungary in June 2014, where he was apprehended and taken into custody. He filed a claim for asylum stating that he had been forced to flee Iran, his country of origin, because of his homosexuality. At his asylum hearing he alleged that because of his sexual orientation criminal proceedings had been instituted against him and that he faced severe penalties. On 25 June 2014 the Office of Immigration and Nationality ordered for him to be detained, referring to the fact that his identity and nationality had not yet been clarified and the risk of his frustrating proceedings or running away if left at large. O.M.’s request for release was subsequently dismissed by the competent district court, which extended his detention by 60 days. In August 2014, the asylum authority’s request for an additional 60-day extension was dismissed. His detention was eventually terminated on 22 August 2014 and he was designated a place of residence. In October 2014 he was recognized as a refugee. Relying on Article 5 (right to liberty and security), O.M. complains that his detention was arbitrary and unjustified and that the authorities failed to take into consideration the individual circumstances of his case, in particular, his belonging to a vulnerable group.


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
Application no. 9912/15
Date of Decision
05/07/2016
Country of Origin
Iran
Keywords
Detention/ Alternatives to Detention
Source
ECHR