Case Law

The case concerned the applicant’s removal to Sudan by the Belgian authorities in spite of a court decision ordering the suspension of the measure. The Court found in particular that on account of procedural defects attributable to the Belgian authorities prior to the applicant’s removal to Sudan, he had been prevented from pursuing the asylum application that he had lodged in Belgium and the Belgian authorities had not sufficiently assessed the real risks that he faced in Sudan. In addition, by deporting the applicant in spite of the court order to suspend the measure, the authorities had rendered ineffective the applicant’s successful appeal.

27 October 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Deportation / Forcible return - Effective remedy - Refugee status determination (RSD) / Asylum procedures - Suspensive effect | Countries: Belgium - Sudan

The Court reiterated that Article 1 (obligation to respect human rights) of the European Convention limited its scope to persons within the jurisdiction of the States Parties to the Convention. In the present case, it noted that the applicants were not within Belgium’s jurisdiction in respect of the circumstances complained of under Articles 3 and 13 of the Convention. The Court also considered that Article 6 § 1 of the Convention was inapplicable in the present case. The entry to Belgian territory which would have resulted from the visas being issued did not engage a “civil” right within the meaning of Article 6 § 1. Lastly, the Court noted that this conclusion did not prejudice the endeavours being made by the States Parties to facilitate access to asylum procedures through their embassies and/or consular representations.

5 May 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Decision on admissibility - Effective remedy - Jurisdiction - Visas | Countries: Belgium - Lebanon - Syrian Arab Republic

2 June 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Effective remedy - Freedom from torture, inhuman and degrading treatment - Terrorism | Countries: Belgium - Morocco

27 February 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment | Countries: Belgium - Nigeria

16 January 2014 | Judicial Body: Belgium: Cour constitutionnelle | Topic(s): Effective remedy - Safe country of origin | Countries: Albania - Belgium - Bosnia and Herzegovina - India - Montenegro - North Macedonia - Serbia

Cet arrêt est devenu définitif en vertu de l’article 44 § 2 de la Convention. Il peut subir des retouches de forme.

20 December 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Countries: Belgium - Cameroon

This judgment is final but may be subject to editorial revision.

21 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Non-refoulement - Reception - Safe third country - Single procedure | Countries: Afghanistan - Belgium - Greece

Admissibility application.

12 May 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Asylum-seekers - Effective remedy - Expulsion - Immigration Detention - Refoulement - Right to liberty and security - Safe third country - Single procedure - Women-at-risk | Countries: Afghanistan

17 June 1980 | Judicial Body: Council of Europe: European Commission on Human Rights | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration law - Persecution based on political opinion - Proof of nationality - Right to liberty and security - Travel documents | Countries: Belgium - South Africa