ECtHR - Amie and Others v. Bulgaria, Application No. 58149/08

Violations of Articles 5 § 1 and 5 § 4.

 Mr. Amie's deportation could not justify the whole period of his detention due to the lack of a realistic prospect of his expulsion and the domestic authorities' failure to conduct the proceedings with due diligence.

The Court was unable to find that the domestic proceedings in Bulgaria complied with the requirements of Article 5 § 4, because the amount of time taken by the national courts finally to determine the legal challenge to the detention order cannot be regarded as complying with the requirement of that provision that the decision be taken “speedily”. Furthermore, the failure of the courts directly to order release could not be regarded as compliant with Article 5 § 4, because that provision requires a remedy in which the decision‑making body has the power to release the detainee.

Violation of Article 8.

The Court concluded that Mr. Mahmud Amie, despite having the formal possibility of seeking judicial review of the order for his expulsion, did not enjoy the minimum degree of protection against arbitrariness on the part of the authorities. The resulting interference with his right to respect for his family life would therefore not be in accordance with a “law” satisfying the requirements of the Convention.

 When reviewing the order for Mr. Amie's expulsion the Supreme Administrative Court did not carry out a genuine inquiry into the allegations of national security on which that order was based.

The Court also found that all the applicants had a family life in Bulgaria and that the expulsion of Mr. Mahmud Amie would constitute interference therewith.