YOH-EKALE MWANJE v. BELGIUM - 10486/10 - Chamber Judgment (French Text) [2011] ECHR 2421 (20 December 2011)

YOH-EKALE MWANJE v. BELGIUM - 10486/10 - Chamber Judgment (French Text) [2011] ECHR 2421 (20 December 2011)

The Court found that expulsion to Cameroon would not violate Articles 2 or 3 because the applicant was not in a critical state and some access to treatment existed in Cameroon, following the precedent in N. v. United Kingdom. However, the Court found a violation of Article 3 regarding detention conditions, as...

Source-derived case information.

Citation
[2011] ECHR 2421
Parties
Applicant: Khaterine Yoh-Ekale Mwanje; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Partial violation found
Legal Topics
Expulsion of Aliens, Right to Life, Prohibition of Inhuman or Degrading Treatment, Right to Private and Family Life, Detention Conditions, Effective Remedy
Human Rights Law Immigration Law Health Law Expulsion of Aliens Right to Life Prohibition of Inhuman or Degrading Treatment Right to Private and Family Life Detention Conditions +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Khaterine Yoh-Ekale Mwanje

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether expulsion of the applicant to Cameroon would violate Articles 2 and 3 of the Convention due to her health condition (HIV)
  2. 2 Whether the applicant's detention conditions in Belgium violated Article 3 of the Convention
  3. 3 Whether the applicant had an effective remedy as required by Article 13 of the Convention

Ratio Decidendi

The Court found that expulsion to Cameroon would not violate Articles 2 or 3 because the applicant was not in a critical state and some access to treatment existed in Cameroon, following the precedent in N. v. United Kingdom. However, the Court found a violation of Article 3 regarding detention conditions, as Belgian authorities failed to act with due diligence in providing timely and adequate medical care, causing unnecessary suffering. The Court also found a violation of Article 13 in conjunction with Article 3, as the applicant did not have access to an effective remedy to challenge the expulsion order based on her health condition.

Court Disposition

Partial violation found

Orders

  • No violation of Articles 2 and 3 regarding expulsion to Cameroon
  • Violation of Article 3 regarding detention conditions