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13/12/2022
The ECtHR indicated an interim measure to the Government of Belgium concerning 143 homeless asylum applicants in Belgium who were not provided with accommodation although they had obtained domestic decisions which had become final.

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], 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.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3124
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], Msallem and 147 Others v Belgium, 48987/22, 15 November 2022. Link redirects to the English summary in the EUAA Case Law Database.

 

Abstract

According to the press release of the ECtHR:


"From September to December 2022 the Court received requests for interim measures under Rule 39 of the Rules of Court from about 832 applicants. They are asylum-seekers of various nationalities. About 58 of them have identified themselves to the Belgian authorities as unaccompanied minors. The applicants, who are in Belgium and have no accommodation, complain that they have not been allocated places in the reception system by the Federal Agency for the Reception of Asylum Seekers (Fedasil) in accordance with the Law of 12 January 2007 (“the 2007 Act”). Some of the applicants brought proceedings in the Brussels Labour Court (tribunal du travail) and obtained final domestic decisions directing that Fedasil was to assign them a place of accommodation and grant them the support required by section 6 of the 2007 Act, in default of which Fedasil was to be liable for damages which would continue to accrue until it did as directed. Those decisions have not been complied with to date. Some applicants have not sued in the Labour Court or have yet to receive a final domestic decision. Still others have been assigned places of accommodation since lodging interim measure requests with the Court.


The applicants allege an infringement of their rights under Article 3 (prohibition of inhuman and degrading treatment) of the Convention. Some of them also allege a violation of Article 8 (right to respect for private and family life) of the Convention and of Article 6 (right to a fair hearing) read in conjunction with Article 13 (right to an effective remedy).


The Court decided to indicate an interim measure to the Belgian State in the case of Al-Shujaa and Others v. Belgium (application no. 52208/22 and 142 others), concerning 143 applicants who had obtained domestic decisions which had become final. The Court directed the Belgian Government to comply with the decisions of the Brussels Labour Court and provide the applicants in question with accommodation and material assistance to meet their basic needs for the duration of the proceedings before the Court. The Court also decided, pursuant to Rule 39 § 2 of the Rules of Court, to give notice of the interim measure to the Committee of Ministers. Furthermore the Court decided to reject the requests for interim measures of those applicants (adults or unaccompanied minors) who had not obtained a final domestic decision. There are 57 such applicants. The Court took note of the withdrawal of the interim measure requests of some applicants (unaccompanied minors) as they had obtained accommodation."


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
No 52208/22 and 142 others
Date of Decision
13/12/2022
Country of Origin
Keywords
Reception/Accommodation