44
AUAD v. BULGARIA JUDGMENT
B. The Court’s assessment
127. The Court considers that this complaint is not manifestly
ill-founded within the meaning of Article 35 § 3 (a) of the Convention or
inadmissible on any other grounds. It must therefore be declared admissible.
128. On the merits, the Court reiterates that Article 5 § 1 (f), which
permits the State to control the liberty of aliens in the immigration context,
does not demand that detention be reasonably considered necessary, for
example, to prevent the individual from committing an offence or fleeing.
Any deprivation of liberty under the second limb of Article 5 § 1 (f) will be
justified, however, only for as long as deportation or extradition
proceedings are in progress. If such proceedings are not prosecuted with due
diligence, the detention will cease to be permissible under that provision
(see, among other authorities, Chahal, § 113; A. and Others v. the United
Kingdom, § 164; Mikolenko v. Estonia, no. 10664/05, § 63, 8 October 2009;
and Raza, § 72, all cited above). In other words, the length of the detention
should not exceed that reasonably required for the purpose pursued (see
Saadi v. the United Kingdom [GC], no. 13229/03, § 74 in fine, ECHR
2008-...). Indeed, a similar point was recently made by the ECJ in relation to
Article 15 of Directive 2008/115/EC (see paragraphs 50 and 51 above). It
should, however, be pointed out that unlike that provision, Article 5 § 1 (f)
of the Convention does not contain maximum time-limits; the question
whether the length of deportation proceedings could affect the lawfulness of
detention under this provision thus depends solely on the particular
circumstances of each case (see Osman v. the United Kingdom,
no. 15933/89, Commission decision of 14 January 1991, unreported, and
Gordyeyev v. Poland (dec.), nos. 43369/98 and 51777/99, 3 May 2005).
129. In the instant case, the applicant was detained under a decision
issued by a competent authority in line with the applicable law, and action
was being taken with a view to his deportation. His allegations in respect of
the underlying expulsion order do not call into doubt the lawfulness of his
detention (see Chahal, cited above, § 112; Slivenko v. Latvia [GC],
no. 48321/99, § 146, ECHR 2003-X; and Sadaykov v. Bulgaria,
no. 75157/01, § 21, 22 May 2008).
130. Therefore, the only issue is whether or not the authorities were
sufficiently diligent in their efforts to deport the applicant. He remained in
custody pending such deportation for exactly eighteen months, between
20 November 2009 and 19 May 2011 (see paragraphs 17 and 18 above).
131. In Raza (cited above, §§ 73-75), Bulgaria was found in breach of
Article 5 § 1 in similar circumstances in respect of a detention lasting a little
more than two and a half years. In the meantime, following legislative
amendments intended to bring Bulgarian law into line with European Union
law, the detention of deportees was subjected to strict time-limits of six, and
in exceptional cases, eighteen months (see paragraph 44 above). As a result,
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