Tag: European Court of Human Rights

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Muskhadzhiyeva and others v. Belgium (application no. 41442/07)

ecthrPress release issued by the Registrar Chamber judgment1

Muskhadzhiyeva and others v. Belgium (application no. 41442/07)

DETENTION OF CHECHEN CHILDREN UNLAWFUL AND CONDITIONS OF DETENTION UNACCEPTABLE

Violation of Articles 3 (prohibition of inhuman or degrading treatment) and 5 § 1 (right to liberty and security) (second, third, fourth and fifth applicants)

No violation of Articles 3 and 5 § 1 (first applicant)

No violation of Article 5 § 4 (all applicants) of the European Convention on Human Rights Continue reading “Muskhadzhiyeva and others v. Belgium (application no. 41442/07)”

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“This judgement is not the beginning of the end of family detention in Belgium but the end itself”

ecreECRE INTERVIEW: ALEXIS DESWAEF, LAWYER OF THE MUSKHADZHIYEVA FAMILY

“This judgement is not the beginning of the end of family detention in Belgium but the end itself”

On Tuesday 19 January, Belgium was condemned by the European Court of Human Rights (ECtHR) in Strasbourg for the detention of a Chechen family of four children and their mother in a closed reception centre. Having fled from Chechnya to Poland, they eventually arrived in Belgium on 11 October 2006, where they sought asylum. However, in accordance with the Dublin regulation, the Belgian authorities served them with a deportation order to Poland and placed in a closed transit centre. The ECtHR ruled that the detention of the children in this closed centre constitutes a violation of Article 3 of European Convention on Human Rights (ECHR) and awarded the applicants 17, 000 euros damages.

ECRE interviewed Mr. Alexis Deswaef, lawyer of the Muskhadzhiyeva family.

What implications will this judgement have for the detention of families? Continue reading ““This judgement is not the beginning of the end of family detention in Belgium but the end itself””