Article 5 ECHR does not require time limits for detention pending deportation
by Fraser Simpson J.N. v. the United Kingdom, Application no. 37289/12, 19 May 2016 – read judgment . Photo credit: The Guardian The European Court of Human Rights has ruled that the general system for detention of individuals prior to deportation in the United Kingdom, which lacks specific maximum time-limits, complies with Article 5, ECHR ( Right to liberty and security of the person ). However, in the proceedings involving J.N., the authorities had not acted with sufficient “due diligence”, which resulted in a violation of Article 5. The “EU Returns Directive” ( see Article 15 here ) does set down a maximum time limit of 18 months for detention pending deportation. However, the UK has opted out of this Directive and it is therefore not binding. The ECtHR considered that despite this Directive creating a uniform approach over the majority of Council of Europe States, it could not be considered that such a position was required by Article 5(1)(f) or ...