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Council of Europe
Country of Decision : Council of Europe
Court Name : CoE: European Court of Human Rights [ECHR]
Date of decision : 30/06/2020
Type : Judgment
ECLI : ECLI:CE:ECHR:2020:0630JUD005496218
Case Number/Citation/ Document Symbol : 54962/18

Muhammad Saqawat (Bangladesh) v Belgium

Bangladesh

ECtHR rules on detention of Bangladeshi asylum applicant

According to the ECtHR's press release:

The applicant, Hossain Muhammad Saqawat, is a Bangladeshi national who was born in 1986 and lives in Liège (Belgium). The case concerned the detention for several months of an asylum-seeker pending his removal from Belgian territory. The applicant contested the lawfulness of his detention. Mr Saqawat arrived at Zaventem airport in December 2017 and lodged an initial asylum request. On the same day the Aliens Office decided to refuse him entry and to retain him in a specified location. Mr Saqawat was then placed in detention in a transit centre near the airport. A few weeks later his asylum request was rejected. Subsequently, he submitted further asylum requests, which were also rejected. Meanwhile Mr Saqawat had been the subject of several successive detention orders, which he unsuccessfully contested. He was released in April 2018 following a judgment delivered by the Indictments Division. Relying on Article 5 (right to liberty and security) of the European Convention on Human Rights, Mr Saqawat alleged that his detention had been incompatible with that Article and complained that he had had no access to an effective remedy to contest that detention.

The Court found a violation of Article 5 § 1 concerning the periods of detention from 20 to 27 February 2018 and from 6 to 14 May 2018 and a violation of Article 5 § 4.

Bangladesh; Detention/ Alternatives to Detention; Reception/Accommodation; Return/Removal/Deportation;

European Convention on Human Rights; Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;

EASO IDS

Council of Europe, European Court of Human Rights [ECHR], Muhammad Saqawat (Bangladesh) v Belgium, 54962/18, ECLI:CE:ECHR:2020:0630JUD005496218, 30 June 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1122