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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 : 06/11/2018
Type :
Case Number/Citation/ Document Symbol : Application no. 52548/15 EHCR 372 (2018)

K.G. v Belgium

EHCR ruled on the detention of a migration for security reasons

According to the press release: This case concerned an asylum-seeker who was placed and kept in detention under four decisions, for security reasons, while his asylum application was pending. In particular, the applicant was “placed at the Government’s disposal” and held on that basis for approximately 13 months. The Court held that there had been no violation of Article 5 § 1 (right to liberty and security) of the Convention. It found in particular that public interest considerations had weighed heavily in the decision to keep the applicant in detention, and saw no evidence of arbitrariness in the assessment made by the domestic authorities. It also observed that the applicant’s health had not been jeopardised and that he had benefited from special care in both the centres where he had been detained. Lastly, the Court found that, in view of the issues at stake and the fact that the domestic authorities had acted with the requisite diligence, the length of time for which the applicant had been placed at the Government’s disposal could not be regarded as excessive.

Detention/ Alternatives to Detention;

European Convention on Human Rights;

EASO Courts and Tribunals Network

Council of Europe, European Court of Human Rights [ECHR], K.G. v Belgium, Application no. 52548/15 EHCR 372 (2018), 06 November 2018. Link redirects to the English summary in the EASO Case Law Database.