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AYAD v. HUNGARY and 4 other applications
Doc ref: 7077/15;26250/15;26819/15;32038/15;48139/16 • ECHR ID: 001-196448
Document date: September 10, 2019
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AYAD v. HUNGARY and 4 other applications
Doc ref: 7077/15;26250/15;26819/15;32038/15;48139/16 • ECHR ID: 001-196448
Document date: September 10, 2019
Cited paragraphs only
Communicated on 10 September 2019
FOURTH SECTION
Application no. 7077/15 Ahmed AYAD against Hungary and 4 other applications (see list appended)
SUBJECT MATTER OF THE CASE
The applications concern asylum detention of the applicants pending a determination of their asylum claims .
The applicants complain under Article 5 § 1 of the Convention that their asylum detention was unjustified, unlawful and arbitrary essentially because the authorities ordered (and, in certain cases, extended) it without examining the legal grounds, their individual circumstances or the applicability of less restrictive measures. The applicants further complain that they did not have an effective remedy which met the requirements of Article 5 § 4 of the Convention to challenge the lawfulness of their detention.
QUESTIONS TO THE PARTIES
1. Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention? Did the deprivation of liberty, suffered by the applicants, fall within any paragraph of this provision (see O.M. v. Hungary , no. 9912/15 , 5 July 2016 ) ?
2. Did the applicants have at their disposal an effective procedure by which they could challenge the lawfulness of their detention, as required by Article 5 § 4 of the Convention? Did the decisions concerning the review of the applicants ’ extended detention comply with the “speed” requirement of Article 5 § 4 of the Convention?
\* MERGEFORMAT APPENDIX
No.
Application no.
Case name
Lodged on
Year of Birth
Nationality
Represented by
Start and end date of the asylum detention
1
7077/15
Ayad v. Hungary
31/01/2015
1981Algerian
Barbara POHÁRNOK
06/06/2014 to 01/08/2014
2
26250/15
Nejrabi v. Hungary
26/05/2015
1986Afghan
Barbara POHÁRNOK
13/08/2014 to 26/11/2014
3
26819/15
M.M. v. Hungary
26/05/2015
1997 (to his knowledge)
Afghan
Tamás FAZEKAS
29/08/2014 to 26/11/2014
4
32038/15
C.H. v. Hungary
22/06/2015
1983Iranian
Barbara POHÁRNOK
04/08/2014 to 23/12/2014
5
48139/16
Nabizedah v. Hungary
10/08/2016
1995Afghan
Barbara POHÁRNOK
16/09/2015 to 11/02/2016
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