K.G. v. BELGIUM - 52548/15 (Judgment : Article 5 - Right to liberty and security : Second Section) French Text [2018] ECHR 910 (06 November 2018)

K.G. v. BELGIUM - 52548/15 (Judgment : Article 5 - Right to liberty and security : Second Section) French Text [2018] ECHR 910 (06 November 2018)

The Court found that the applicant's detention from 6 January 2015 to 29 January 2016 was based on a clear legal basis, pursued a legitimate aim under Article 5 § 1 f) ECHR, was not arbitrary, and that the authorities acted with due diligence. The detention was not excessive in duration, and the applicant's mental...

Source-derived case information.

Citation
[2018] ECHR 910
Parties
Applicant: K. G.; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Application partly admissible and dismissed on the merits
Legal Topics
Article 5 ECHR Right to Liberty and Security, Detention of Asylum Seekers, Non Refoulement, Procedural Safeguards in Detention, Arbitrariness of Detention
Human Rights Law Immigration Law Article 5 ECHR Right to Liberty and Security Detention of Asylum Seekers Non Refoulement Procedural Safeguards in Detention Arbitrariness of Detention

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Parties

K. G.

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the applicant's detention from 6 January 2015 to 29 January 2016 was in violation of Article 5 § 1 of the European Convention on Human Rights
  2. 2 Whether the detention was arbitrary or not in accordance with the law
  3. 3 Whether less restrictive alternatives to detention were considered

Ratio Decidendi

The Court found that the applicant's detention from 6 January 2015 to 29 January 2016 was based on a clear legal basis, pursued a legitimate aim under Article 5 § 1 f) ECHR, was not arbitrary, and that the authorities acted with due diligence. The detention was not excessive in duration, and the applicant's mental health was adequately considered. Therefore, there was no violation of Article 5 § 1.

Court Disposition

Application partly admissible and dismissed on the merits

Orders

  • The application is declared admissible as to the complaint under Article 5 § 1 for the period 6 January 2015 to 29 January 2016 and inadmissible for the remainder.
  • It is held that there has been no violation of Article 5 § 1 of the Convention.