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15/11/2022
The ECtHR applied an interim measure concerning 148 homeless asylum applicants in Belgium, indicating to the Government of Belgium to provide them with accommodation and basic needs for the duration of the proceedings before the ECtHR.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Interim Measures
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights (ECHR)
Reference
Council of Europe, European Court of Human Rights [ECtHR], Msallem and 147 Others v Belgium, No 48987/22, 15 November 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2895
Case history
Other information

Council of Europe, European Court of Human Rights [ECtHR], Camara v Belgium, No 49255/22, 31 October 2022. Link redirects to the English summary in the EUAA Case Law Database.

Council of Europe, European Court of Human Rights [ECtHR], Al-Shujaa and Others v Belgium, No 52208/22 and 142 others, 13 December 2022. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

According to the ECtHR press release of 16 November 2022:


 


"Facts: The applicants are 148 asylum-seekers of various nationalities. They are living in Belgium without accommodation. On various dates they lodged unilateral applications with the Brussels Labour Court, alleging a risk of serious and irreversible damage to human dignity and requesting that Fedasil be ordered to comply with its legal obligations under the Law of 12 January 2007 (the Law). In each of these cases the court ordered Fedasil to house the applicants in a reception centre, or else in a hotel or any other suitable facility should no places be available, and to ensure their reception as defined in section 6 of the Law, subject to penalties for non-compliance. Those orders were duly served and have become final but have not been enforced to date.


Interim measure request and complaints: On various dates between 18 October 2022 and 3 November 2022 the applicants applied to the Court for an interim measure under Rule 39. They relied on various Articles of the Convention including Article 3 (prohibition of inhuman or degrading treatment).


Decision of the Court: On 15 November 2022 the Court decided to indicate an interim measure and to enjoin the Belgian State to comply with the orders made by the Brussels Labour Court in respect of each applicant and to provide them with accommodation and material assistance to meet their basic needs for the duration of the proceedings before the Court. The decision was given by the Chamber (seven judges) to which the applications had been allocated."


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
No 48987/22
Date of Decision
15/11/2022
Country of Origin
Unknown
Keywords
Reception/Accommodation