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27/09/2022
BE: The Court of Cassation ruled that appeals and appeals in cassation concerning the legality of detention could not be considered devoid of purpose in the case of release or withdrawal of the detention order, in conformity with Muhammad Saqawat v Belgium (ECtHR, No 54962/18, 30 June 2020)

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Belgium, Court of Cassation [Cour de Cassation], M.B. v Belgian State (represented by the State Secretary for Asylum and Migration), P.22.1122.N/2, 27 September 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=3151
Case history
Other information
Abstract

The applicant was detained from 15 February 2022 to 12 August 2022 on the basis of a detention order later renewed three times. The legality of his detention was assessed several times, covering the period from 15 February 2022 to 14 June 2022. The applicant then requested a review of the legality of his detention from 15 June 2022 onwards. On 27 June 2022, the Council Chamber declared the second extension decision of 14 June 2022 lawful. The applicant appealed against this decision but on 12 July 2022, his appeal was declared unfounded by the Board of Indictment. On 9 August 2022, the rejection of his appeal was set aside by the Court of Cassation. After his release on 12 August 2022, his appeal was rejected by the Board of Indictment for the second time, this time for being devoid of purpose due to his release. The applicant appealed in cassation against this decision. On 27 September 2022, the Court of Cassation ruled in his favour, noting that the applicant’s right to an effective remedy protected under Article 5(4) ECHR does not end with his release from detention. The Court of Cassation once again referred the case to the Board of Indictment for a new judgment.


Country of Decision
Belgium
Court Name
BE: Court of Cassation [Cour de Cassation]
Case Number
P.22.1122.N/2
Date of Decision
27/09/2022
Country of Origin
Türkiye
Keywords
Detention/ Alternatives to Detention
Effective remedy