On 7 July 2022, the ECtHR gave its judgment in the case of Haouari v. Hungary (application no. 29440/16), in the context of a violation of Article 5(1) of the Convention. In the judgment, the Court held that the applicant’s detention was devoid of a legal basis in the national law due to the failure to comply with that law. The above fact was confirmed by the national court (Buda Central District Court) that held that the applicant was being detained in breach of domestic law. The Court pointed out that this fact alone enabled the Court to hold that the applicant’s detention was devoid of a legal basis in the national law.
Despite the Government’s argument that the applicant did not exhaust domestic remedies as he did not bring an official liability action, the Court came to the conclusion that such a course of action would have offered no relief as regards the deprivation of liberty itself and was only compensatory in nature. The Court pointed out that despite the fact that it is in the first place for the national authorities to interpret and apply domestic law, failure to comply with that law entails a breach of the Convention. The Court accordingly held that there had been a violation of Article 5(1) of the Convention.