Detention in UK of asylum seeker with mental health problems led to violation of ECHR

SMM v. UK, ECtHR judgment of 22 June 2017

This is an interesting Chamber judgment that highlights the need for prompt state action and review of the lawfulness of detention of particularly vulnerable migrants, such as those suffering from mental illness.

In addition, the judgment sheds some light at the long-standing issue of migrant detention in the UK which remains with no fixed time limits, despite the repeated recommendations made by national and international human rights institutions.

In view of these two major elements, the Court found a violation of Article 5§1 ECHR having considered the fact that the applicant (national of Zimbabwe) had been detained for over two and a half years.

Link to judgment: http://hudoc.echr.coe.int/eng?i=001-174442

 

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