Published on 12 June 2023

FOURTH SECTION

Application no. 42341/21 Mohamed YALAHOW against the United Kingdom lodged on 19 August 2021 communicated on 23 May 2023

SUBJECT MATTER OF THE CASE

The application concerns the applicability of Article 5 § 4 of the Convention to the recall of a fixed-term prisoner following his release on licence. In particular, it raises the question of whether the case of Etute v. Luxembourg , no. 18233/16, 30 January 2018 can be reconciled with that of Brown v. the United Kingdom (dec.), no. 968/04, 26 October 2004.

QUESTIONS TO THE PARTIES

1. Has the applicant exhausted domestic remedies with the meaning of Article 35 § 1 of the Convention?

2. Did Article 5 § 4 apply following the applicant’s recall to prison? If so, on the facts of the case, has it been violated?