The detention pending deportation of a woman who had recently given birth found to be unlawful and violated Article 5 § 1 (f) and Article 5 § 5 (right to liberty and security) of the European Convention on Human Rights. In September 2000, the applicant, a woman from Bosnia and Herzegovina, applied to the Italian authorities for refugee status. The application was not forwarded to the competent commission because it contained formal defects. On September 26, 2003 the applicant gave birth to a child, who died a few days later at the hospital. Then, on November 11, 2003 the police served her with a deportation order and transferred her to a holding center pending such deportation that the applicant's placement and detention had been in breach of Italian immigration law no. 286 of 1998, which provided that her deportation should have been suspended until six months after she had given birth (March 26, 2004), regardless of the fact that the baby had died. In March 2006, the Rome Civil Court granted Ms Seferovic refugee status. In addition, by way of just satisfaction, the government was required to pay the applicant 7,500 euros (EUR) for non-pecuniary damage for her unlawful detention as there was no redress available under Italian law.
Seferovic v. Italy
European Court of Human Rights