Bistieva and Others (Russia) v Poland
ECHR rules on a family's detention as a measure of last resort
A Russian national arrived in Poland with her husband and 2 children in 2012. After having their asylum application rejected, the family fled to Germany, they had a 3rd child. The German authorities sent her and the children back to Poland, where they were detained in 2014. After release they moved back to Germany. The Court found that the Polish authorities had not fulfilled their obligation to consider the family’s detention as a measure of last resort, and had not considered alternative measures. The detention of minors shall call for greater speed and diligence on the part of the authorities. Even in the light of the risk that the family might abscond, the authorities failed to provide sufficient reasons to justify the detention for nearly 6 months.
Detention/ Alternatives to Detention; Vulnerable Group;
Council of Europe, European Court of Human Rights [ECHR], Bistieva and Others (Russia) v Poland, Application no. 75157/14, ECLI:CE:ECHR:2018:0410JUD007515714, 10 April 2018. Link redirects to the English summary in the EASO Case Law Database.