R. K. v Russia: Detention pending expulsion amounts to violation of Article 5 §§ 1 and 4 ECHR

Tuesday, October 8, 2019

On 8 October 2019, the European Court of Human Rights published its ruling on the case of R. K. v Russia (Application No. 30261/17) regarding the lawfulness of detention pending return to the Democratic Republic of the Congo (DRC).
The applicant arrived in Russia from the DRC in October 2015 on a short term student visa. On 10 March 2016, he requested temporary asylum status on the basis that he had previously participated in political protests while living in the DRC and would face a real risk of ill-treatment should he be returned. All appeals were dismissed and a removal order was issued following the applicant’s arrest on 6 March 2017 for violating migration regulations. The applicant complained under Articles 2 and 3 of the Convention that his return to the DRC would pose a real risk of death or ill-treatment as a result of his participation in political protests. He also complained that his detention pending removal was unlawful and contrary to Articles 5 § 1 (f) and 4 of the Convention. No violation was found in relation to the complaints made under Articles 2 and 3.
In ruling, the Court held that the applicant’s detention was unlawful and that no procedures for review had been made available to challenge the detention. The Court therefore found a violation of Articles 5 §§ 1 and 4 of the Convention, affirming its position in recent case law regarding detention pending expulsion from Russia.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. 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 pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.                                                    


Inhuman or degrading treatment or punishment