Skip Ribbon Commands
Skip to main content
10/04/2018
The ECtHR ruled on a family's detention as a measure of last resort

ECLI
ECLI:CE:ECHR:2018:0410JUD007515714
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP); European Convention on Human Rights
Reference
Council of Europe, European Court of Human Rights [ECtHR], Bistieva and Others (Russia) v Poland, Application no. 75157/14, ECLI:CE:ECHR:2018:0410JUD007515714, 10 April 2018. 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=71
Case history
Other information
Abstract

A Russian national arrived in Poland with her husband and 2 children in 2012. After having their asylum application rejected, the family fled to Germany, they had a 3rd child. The German authorities sent her and the children back to Poland, where they were detained in 2014. After release they moved back to Germany. The Court found that the Polish authorities had not fulfilled their obligation to consider the family’s detention as a measure of last resort, and had not considered alternative measures. The detention of minors shall call for greater speed and diligence on the part of the authorities. Even in the light of the risk that the family might abscond, the authorities failed to provide sufficient reasons to justify the detention for nearly 6 months.
Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
Application no. 75157/14
Date of Decision
10/04/2018
Country of Origin
Russia
Keywords
Detention/ Alternatives to Detention
Vulnerable Group
Source
HUDOC