Judicial Review of Migrant Detention in Europe

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Nikolaos Sitaropoulos, a member of this Interest Group, wrote an case analysis on the Suso Musa v. Malta case, a case before the European Court of Human Rights that dealt with the violation of Article 5(4) of the ECHR, which entitles a detainee to institute proceedings challenging the procedural and substantive conditions upon which his deprivation of liberty is based. The Court found, amongst others, that there is a necessity of general measures at the national level developing, inter alia, a judicial character mechanism to provide for speedy and fair judicial review of migrant detention.

Sitaropoulos concludes by saying that guidelines by the Court are important, “especially in a period when deprivation of migrants’, including asylum seekers’, liberty upon arrival or in view of forced return from Europe has been trivialised”.

Read more here.

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