Communicated on 3 October 2019

FOURTH SECTION

Application no. 29440/16 Hassan HAOUARI against Hungary lodged on 12 May 2016

SUBJECT MATTER OF THE CASE

The applicant is an Algerian national married to a Hungarian woman. After his having served a prison sentence for trafficking in human beings, the domestic authorities placed him in alien administrative detention on account of the expulsion order and the eight-year ban on entering Hungary, imposed on him by the final criminal judgment. Subsequently, it was found by a court that the detention from 3 November 2015 had in fact no legal basis; and the applicant was released on 22 April 2016.

QUESTION TO THE PARTIES

Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? In particular, was the applicant ’ s alien administrative detention maintained “in accordance with a procedure prescribed by law” (see, mutatis mutandis , Gajcsi v. Hungary , no. 34503/03, § 21, 3 October 2006; Lokpo and Touré v. Hungary , no. 10816/10, § 24, 20 September 2011; X.Y. v. Hungary , no. 43888/08 , § 28, 19 March 2013)?