Czech Republic: ECtHR grants interim measure to prevent Article 3 violation regarding detention of family with minors

Thursday, October 22, 2015

This interim measure relates to an Afghan family consisting of parents and four minors, who were detained at the Bělá-Jezová Detention Centre for irregular entry into the Czech territory. The application was introduced with help of their legal representative from OPU, to prevent an ongoing violation of Article 3 ECHR on account of inhuman and degrading conditions at the centre. The applicants relied in particular on two reports of the Czech Office of the Ombudswoman, published in August and October 2015, in which she provides a detailed description of the poor conditions and shortcomings at the centre, stressing that it is not suitable for detention of families with children. She described overcrowding, poor hygiene conditions, unsuitable food, inadequate healthcare, almost no possibility of outdoor exercise, constant guarding by uniformed security forces, limited access to legal assistance and a lack of accommodation of children’s specific needs.
On 22 October 2015, the ECtHR granted the interim measure, obliging the Czech government to place the applicants in conditions compatible with the requirements of Article 3 ECHR. It made reference to the case of Popov v. France and requested further factual information from the Czech government on the conditions of detention of foreigners at Bělá-Jezová, in particular in relation to the capacity of the centre, the number of persons there, the hygiene conditions and the reception of children.
The family were released a day before the given deadline on the basis that it was not possible to secure travel documents for their deportation, and so detention was no longer necessary. They received an order to leave the country, with a one year re-entry ban.
The ELENA Weekly Legal Update would like to thank OPU for providing us with this information.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Inhuman or degrading treatment or punishment
Legal assistance / Legal representation / Legal aid
Material reception conditions
Reception conditions
Vulnerable person