AUAD v. BULGARIA JUDGMENT
45
the applicant spent exactly eighteen months in custody, the maximum
period allowed by law. Contrary to what has been suggested by the
Government, compliance with that time-limit, which is in any event
exceptional (see paragraphs 47, 48, 50 and 51 above), cannot automatically
be regarded as bringing the applicant’s detention into line with Article 5 § 1
(f) of the Convention. As noted above, the relevant test under that provision
is rather whether the deportation proceedings have been prosecuted with due
diligence, which can only be established on the basis of the particular facts
of the case.
132. Here, it appears that the only steps taken by the authorities during
the eighteen months in issue were to write three times to the Lebanese
embassy in Sofia with requests for the issuing of a travel document for the
applicant (see paragraph 26 above). While the Bulgarian authorities could
not compel the issuing of such a document, there is no indication that they
pursued the matter vigorously or endeavoured entering into negotiations
with the Lebanese authorities with a view to expediting its delivery (see
Raza, cited above, § 73; Tabesh v .Greece, no. 8256/07, § 56, 26 November
2009; and Louled Massoud v. Malta, no. 24340/08, § 66, 27 July 2010).
Moreover, apart from their own statements for the purposes of the
proceedings before the Court, the Government have not provided evidence
of any effort having been made to secure the applicant’s admission to a third
country. The authorities can thus hardly be regarded as having taken active
and diligent steps with a view to deporting him. It is true that the applicant’s
detention was subject to periodic judicial review, which provided an
important safeguard (see Dolinskiy v. Estonia (dec.), no. 14160/08,
2 February 2010). However, that cannot be regarded as decisive. The last
such review took place on 7 December 2010 (see paragraph 26 above),
whereas the Court has not been informed whether any steps were taken with
a view to removing the applicant from that time until his release more than
five months later, on 19 May 2011 (see, mutatis mutandis, Mikolenko, cited
above, § 64 in fine).
133. The assessment of those points is further frustrated by the fact that
neither the expulsion order nor any other binding legal act specified the
destination country, as this was not required under domestic law (see
paragraphs 39 and 40 above). The Court considers that this may be seen as
problematic with regard to the requirement of legal certainty inherent in all
Convention provisions. Where deprivation of liberty is concerned, legal
certainty must be strictly complied with in respect of each and every
element relevant to the justification of the detention under domestic and
Convention law. In cases of aliens detained with a view to deportation, lack
of clarity as to the destination country could hamper effective control of the
authorities’ diligence in handling the deportation.
134. It is true the applicant did not spend such a long time in detention
as the applicants in some other cases, such as Chahal (cited above).
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