Communicated on 3 October 2019
FOURTH SECTION
Application no. 3231/17
Fattoum HASSAN and Others
against Hungary
lodged on 30 December 2016
SUBJECT MATTER OF THE CASE
The application concerns the house arrest of the applicants, Syrian nationals, on charges of illegal border crossing, from 19 September 2015 until 1 July 2016. The third applicant, Mr Ghazy Fahdawy, complains that his deprivation of liberty after 19 December 2015 was entirely devoid of legal basis, in breach of Article 5 § 1 of the Convention. Moreover, all three applicants complain that, during the prolongations of the measure, the domestic procedural rules were repeatedly infringed, effectively undermining the “equality of arms” inherent in Article 5 § 4 of the Convention.
QUESTIONS TO THE PARTIES
1. Was the deprivation of liberty of the third applicant, Mr Ghazy Fahdawy, imposed “in accordance with a procedure prescribed by law” in the period after 19 December 2015 (see, mutatis mutandis, X.Y. v. Hungary, no. 43888/08, §§ 11 and 28, 19 March 2013)?
2. Were the proceedings, by which the measure depriving the applicants of their liberty was prolonged, in compliance with the lawfulness requirement of Article 5 § 4 of the Convention? In particular, was the principle of “equality of arms” respected (see Bandur v. Hungary, no. 50130/12, §§ 79 to 85, 5 July 2016; Galambos v. Hungary, no. 13312/12, §§ 29 to 36, 21 July 2015)?
APPENDIX
No.
Applicant’s Name
Birth date
Nationality
Place of residence
1
Fattoum HASSAN
01/05/1960
Syrian
Benesh
2
Mohammed AZIZ
01/03/1963
Syrian
Alepo
3
Ghazy FAHDAWY
27/01/1986
Syrian
Damascus
Full & Egal Universal Law Academy