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| Photo from the blog |
Detention
has been highlighted in recent years by a number of international and
non-governmental organisations as an ineffective and inefficient tool of
migration control employed by a large number of states. In 2013, the European
Court of Human Rights continued to find violations of Article 5(4) of the
Convention for the Protection of Human Rights and Fundamental Freedoms (“ECHR”) by various state parties and even
rendered a quasi-pilot judgment in the case of Suso Musa v. Malta.
[...] In the case
of Suso Musa, the Strasbourg Court took an exceptional step and adopted a
quasi-pilot judgment, indicating to Malta (in the non-operative part of the
judgment (para. 119 et seq.)) the necessity of general measures at the national
level establishing, inter alia, a judicial- character mechanism providing for
speedy and fair judicial review of migrant detention. What actually prompted
the Court to act in this manner was its conclusion that the problems detected
in the case could give rise to numerous other well-founded applications that
would excessively burden the Court’s docket. The Court had already found a
similar violation by Malta in 2010, in another case concerning migrant
detention, Louled Massoud.
