AUAD v. BULGARIA JUDGMENT
IV. ALLEGED VIOLATION
CONVENTION
OF
ARTICLE
43
5
§
1
OF
THE
124. The applicant complained that his detention had ceased to be
justified and had become arbitrary. He relied on Article 5 § 1 (f) of the
Convention, which provides as follows:
“Everyone has the right to liberty and security of person. No one shall be deprived
of his liberty save in the following cases and in accordance with a procedure
prescribed by law:
...
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised
entry into the country or of a person against whom action is being taken with a view
to deportation or extradition.”
A. The parties’ submissions
125. The Government submitted that the law governing detention
pending deportation was fully Convention-compliant. It also met the
requirements of Directive 2008/115/EC on common standards and
procedures in Member States for returning illegally staying third-country
nationals. Those standards had been fully observed in the applicant’s case.
His placement in the detention facility had been reviewed by an independent
body, as the applicant had sought judicial review of the order for his
detention by the Sofia Administrative Court. In the course of the
proceedings the authorities had produced documents showing the grounds
for taking the impugned measure. The applicant, who had been legally
represented, had been able to contest the authorities’ assertions. After
reviewing the legality of the detention order, the court had rejected his
application.
126. The applicant submitted that there was no indication that the
authorities had been actively pursuing his expulsion or that it was at all
possible. The only thing that the authorities had done had been to contact
the Lebanese embassy in Sofia with a view to obtaining travel documents
for the applicant to allow him to enter Lebanon. They had not tried to
contact the embassies of any safe third countries. In the applicant’s view,
detention pending deportation should be allowed to reach the maximum
eighteen-month period allowed by law only in exceptional cases.
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