We’ve been fighting for years with unlawful migration detention. We represent migrants before domestic courts deciding on their detention, we represent them in compensation proceedings, we also fight for their rights before the European Court of Human Rights. The Court has just communicated another case against Poland (application no. 47888/19).
The case concerns a mid-twenties asylum seeker (A.A.) who was brutally raped in her country. She still has visible marks on her body after the violence. Polish domestic law prohibit migration detention of person whose physical and/or psychological condition justifies the presumption that her or she was subjected to violence. Despite the law, A.A. was detained for several months. Her psychological state gradually deteriorated. Although A.A. was not diagnosed with PTSD, domestic authorities nor courts did not question the fact that she was raped.
European Court of Human Rights communicated the case to the Polish government. The Court asked whether the deprivation of liberty of A.A. was in conformity with the national law and not arbitrary. Moreover, the Court asked whether A.A. benefited of procedural guarantees, namely the right to participate in the hearing and the right to a speedy review.
A.A. is represented before the European Court of Human Rights by attorney-at-law Małgorzata Jaźwińska.