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Council of Europe
Country of Decision : Council of Europe
Court Name : CoE: European Court of Human Rights [ECHR]
Date of decision : 10/04/2018
Type : Judgment
ECLI : ECLI:CE:ECHR:2018:0410JUD007515714
Case Number/Citation/ Document Symbol : Application no. 75157/14

Bistieva and Others (Russia) vs Poland

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;

Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP); European Convention on Human Rights;

EASO IDS

Council of Europe,CoE: European Court of Human Rights [ECHR], Bistieva and Others (Russia) vs Poland, 10/04/2018, ECLI:CE:ECHR:2018:0410JUD007515714
ECHR rules on a family's detention as a measure of last resort

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=71