SAADI v. THE UNITED KINGDOM JUDGMENT
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2. Where an applicant for asylum is held in detention, Member States shall ensure
that there is a possibility of speedy judicial review.”
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 5 § 1 OF THE CONVENTION
41. The applicant alleged that he had been detained at Oakington in
breach of Article 5 § 1 of the Convention, which provides:
“1. Everyone has the right to liberty and security of person. No one shall be
deprived of his liberty save in the following cases and in accordance with a procedure
prescribed by law:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful
order of a court or in order to secure the fulfilment of any obligation prescribed by
law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him
before the competent legal authority on reasonable suspicion of having committed an
offence or when it is reasonably considered necessary to prevent his committing an
offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational
supervision or his lawful detention for the purpose of bringing him before the
competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious
diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised
entry into the country or of a person against whom action is being taken with a view
to deportation or extradition.”
A. Whether the applicant was deprived of his liberty
42. It is not disputed by the Government that the applicant's detention at
Oakington amounted to a deprivation of liberty within the meaning of
Article 5 § 1. The Grand Chamber considers it clear that, given the degree
of confinement at Oakington, Mr Saadi was deprived of his liberty within
the meaning of Article 5 § 1 during the seven days he was held there (see,
for example, Engel and Others v. the Netherlands, judgment of 8 June 1976,
Series A no. 22, §§ 60-66).