The applicant's detention and deportation were unlawful as he held valid documentation of lost passport and was entitled to a reasonable expectation of legal residence. The anal inspection constituted cruel, inhuman, and degrading treatment, violating dignity and physical integrity. The delay of over six years in judicial proceedings was excessive and violated the right to be tried within a reasonable time. The application was admissible as remedies were not accessible and the time taken to file was reasonable given the circumstances.
The Court found that the applicant was in possession of official documents indicating a pending passport replacement and a valid police certificate at the time of arrest, making his detention and subsequent expulsion a violation of his right to choose residence and freedom of movement. The rectal search, conducted without necessity and in front of his children, constituted degrading treatment and violated his dignity and physical integrity. The excessive delay of over six years in the domestic proceedings was unreasonable and violated the right to be tried within a reasonable time. The applic…