AFFAIRE A.D. c. MALTE

• Judgment Date: 17 October 2023
• ECLI: ECLI:CE:ECHR:2023:1017JUD001242722
• Counsel: FALZON N.
• Date: 17 October 2023
• Application Number: 12427/22
• Court: Second Section (European Court of Human Rights)
• Respondent State: Malta
• Applied Rules: 3;5;5-1;5-1-b;5-1-e;5-1-f;13;13+3;46;46-2;41

SECOND SECTION

CASE OF A.D. v. MALTA

(Application no. 12427/22)

JUDGMENT

Art 3 (substantive) • Conditions of detention in various immigration centres of a vulnerable individual, due to presumed minority and health situation, amounting to inhuman or degrading treatment • Conditions not adapted to applicant’s needs nor to the reasons given for his prolonged detention

Art 5 § 1 • Deprivation of liberty • Imposition of restriction of movement order (for health reasons) for two months amounting to a de facto detention • Detention neither in conformity with domestic law for Art 5 § 1 (e) purposes nor compatible with Art 5 § 1 (b) • Subsequent immigration detention on the basis of detention order, arbitrary under Art 5 § 1 (f) • Serious doubts as to authorities’ good faith in case circumstances • Failure to ascertain whether placement in immigration detention a measure of last resort for which no alternative available • Prolonged detention in inadequate conditions

Art 13 (+ Art 3) • Effective remedy • Constitutional redress proceedings ineffective for complaints of ongoing detention conditions

Art 46 • Respondent State required to take general measures to ensure (1) legal basis in domestic law for detention on health grounds in conformity with legal certainty principle; (2) relevant domestic law effectively applied in practice, vulnerable individuals not detained, necessary detention periods limited so they remain connected to detention ground applicable in an immigration context and undertaken in...