The applicant, who resided irregularly on the territory of the Slovak Republic was subjected to a return order and a 2-year entry ban in the territory of Schengen Member States; no time limit was set for her return. Following this decision, her detention was ordered for a period of three months. Alternatives to detention were explored but deemed inapplicable in this case considering the personal circumstances of the applicant. During her detention, the Slovak authorities were to enforce the applicant's return after carrying out the necessary investigations and interviewing her. When asked, the applicant stated that she was at risk of persecution upon return to her country of origin, which the Slovak authorities did not investigate further. The applicant then contested her detention order, arguing it violated Articles 3 and 5(1)(f) of the ECHR and Article 15(4) of the Return Directive. She argued ample country-of-origin information was available for the authorities to consider, which showed the presence of legal and factual obstacles to her return. She added that such information could be proof that her detention was unlawful because her return could not be enforced.

It its decision, the Košice Regional Court recalled national legislative provisions prohibiting the return of foreigners to countries in which they would face persecution, torture or inhuman and degrading treatment or punishment, in particular the death penalty. It also recalled the conditions for the lawful detention of foreigners, stressing the importance of efficiency, that is to ensure that the purpose of detention (here, return) can be fulfilled.
The court concluded that the applicant’s detention was unlawful, as the authorities did not sufficiently investigate the treatment she would face upon return to her country of origin, including potential violations of Article 3 of the ECHR, despite her statements that she was at risk of persecution on the basis of her religion and the availability of country of origin information. The court ordered the immediate release of the applicant.