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02/07/2024
The ECtHR found a violation of Article 5(4) of the European Convention due to the length of the appeal procedure against the lawfulness of the detention measure applied for an asylum applicant from Morocco after arrival in Cyprus.
02/07/2024
The ECtHR found a violation of Article 5(4) of the European Convention due to the length of the appeal procedure against the lawfulness of the detention measure applied for an asylum applicant from Morocco after arrival in Cyprus.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights (ECHR)
Reference
Council of Europe, European Court of Human Rights [ECtHR], K.A. v Cyprus, no. 63076/19, 02 July 2024. 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=4370
Case history
Other information
Abstract

According to the court press release:


"The applicant, Mr K.A., is a Moroccan national who was born in 1966 and lives in Cyprus. The case concerns the lawfulness of the applicant's detention, after arrival in Cyprus as an asylum seeker, on national-security grounds and the protracted nature of the domestic proceedings. The applicant complains that his detention from 10 January 2019 to 24 February 2020 and his detention from 3 April 2020 to June 2020 was unlawful in breach of Article 5 § 1 (right to liberty and security) of the Convention. He complains that the proceedings before the Administrative Court failed to respect the principle of equality of arms, while the appeal proceedings challenging the Administrative Court's decision did not comply with the speediness requirement, in breach of Article 5 § 4 (right to have lawfulness of detention decided speedily by a court)."


The court concluded that there was a violation of Article 5(4) of the European Convention.


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
no. 63076/19
Date of Decision
02/07/2024
Country of Origin
Morocco
Keywords
Detention/ Alternatives to Detention
Effective remedy
Length of procedure/timely decision/time limit to decide
National security
Appeal / Second instance determination