Published on 12 June 2023
FOURTH SECTION
Application no. 42341/21
Mohamed YALAHOW
against the United Kingdom
lodged on 19 August 2021
communicated on 23 May 2023
SUBJECT MATTER OF THE CASE
The application concerns the applicability of Article 5 § 4 of the Convention to the recall of a fixed-term prisoner following his release on licence. In particular, it raises the question of whether the case of Etute v. Luxembourg, no. 18233/16, 30 January 2018 can be reconciled with that of Brown v. the United Kingdom (dec.), no. 968/04, 26 October 2004.
QUESTIONS TO THE PARTIES
1. Has the applicant exhausted domestic remedies with the meaning of Article 35 § 1 of the Convention?
2. Did Article 5 § 4 apply following the applicant’s recall to prison? If so, on the facts of the case, has it been violated?