DJALTI v. BULGARIA - 31206/05 - HEJUD (French text) [2013] ECHR 207 (12 March 2013)

DJALTI v. BULGARIA - 31206/05 - HEJUD (French text) [2013] ECHR 207 (12 March 2013)

The applicant's prolonged detention pending expulsion violated Article 5 § 1(f) ECHR due to lack of sufficient diligence by authorities in executing the expulsion, and the remedy available to challenge detention did not meet the requirements of Article 5 § 4 ECHR due to excessive delay and lack of power to order...

Source-derived case information.

Citation
[2013] ECHR 207
Parties
Applicant: Semir Azuz Djalti; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Admissibility
Outcome
Application partly allowed, partly rejected
Legal Topics
Unlawful Detention, Right to Liberty and Security, Effectiveness of Remedies, Conditions of Detention, Expulsion of Aliens
Human Rights Law Immigration Law Administrative Law Unlawful Detention Right to Liberty and Security Effectiveness of Remedies Conditions of Detention Expulsion of Aliens

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 22 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Semir Azuz Djalti

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Admissibility

  1. 1 Whether the applicant's detention pending expulsion violated Article 5 § 1 (f) ECHR
  2. 2 Whether the applicant had access to an effective remedy to challenge the legality of his detention under Article 5 § 4 ECHR
  3. 3 Whether the conditions of detention violated Article 3 ECHR

Ratio Decidendi

The applicant's prolonged detention pending expulsion violated Article 5 § 1(f) ECHR due to lack of sufficient diligence by authorities in executing the expulsion, and the remedy available to challenge detention did not meet the requirements of Article 5 § 4 ECHR due to excessive delay and lack of power to order immediate release. The complaint under Article 3 ECHR was inadmissible for non-exhaustion of domestic remedies.

Court Disposition

Application partly allowed, partly rejected

Orders

  • Violation of Article 5 § 1 ECHR declared
  • Violation of Article 5 § 4 ECHR declared