EVRM-Hof houdt hoorzitting over Belgische uitzettingsprocedure van Congolese asielzoekster (en)

 

The European Court of Human Rights is holding a Chamber hearing today Thursday 2 June 2005 at 9 a.m., on the admissibility and merits in the case of Ntumba Kabongo v. Belgium (application no. 52467/99).

The applicant

The applicant, Nancy Ntumba Kabongo, claims to be a national of the Democratic Republic of the Congo, born in 1976.

Summary of the facts

On 14 February 1999 the applicant, who had arrived the same day at Zaventem Airport (Brussels) from South Africa asking for political asylum, was taken to a holding centre, following a decision by the immigration authorities. The next day her request was rejected and she was refused entry. She appealed unsuccessfully.

Her detention with a view to deportation was extended on numerous occasions, under article 74/5 § 3 of the Law of 15 December 1980 on the entry, residence and expulsion of foreign nationals and her various appeals against those decisions were dismissed. On 29 December 1999 she was released and ordered to leave Belgium within five days.

The Belgian Government maintains that the applicant refused to board planes to South Africa five times, on 3 March, 8 June, 9 July, 4 October and 9 November 1999.

According to the applicant's version of events, she never resisted her expulsion by being physically or verbally aggressive. On certain occasions she was merely asked whether she agreed to leave and responded in the negative. On others she alleges that she was not even asked whether she agreed to board the flights proposed. She was simply notified on arrival at the airport that a new decision to detain her had been taken and she was immediately returned to the holding centre.

Complaints

Relying on Article 5 §§ 1 and 4 (right to liberty and security) of the European Convention on Human Rights, the applicant complained about the length of her detention (more than 10 months) and that her detention was unlawful, in that the total period had exceeded five months, the maximum time allowed under article 74/5 § 3. She also complained that there had been no final decision in relation to one of her appeals and that her appeal against the legality of her detention was not heard quickly.

She further complained about the conditions of her detention, under Article 3 (prohibition of degrading treatment) of the Convention, and also relied on Articles 13 (right to an effective remedy) and 14 (prohibition of discrimination).

Procedure

The application was lodged with the European Court of Human Rights on 27 October 1999.

Composition of the Court

The case will be heard by a Chamber composed as follows:

Christos Rozakis (Greek), President,

Loukis Loucaides (Cypriot),

Françoise Tulkens (Belgian),

Peer Lorenzen (Danish),

Nina Vajić (Croatian),

Dean Spielmann (Luxemburger),

Sverre Erik Jebens (Norwegian), judges,

Elisabeth Steiner (Austrian),

Khanlar Hajiyev (Azerbaijani),

Snejana Botoucharova (Bulgarian),

Anatoli Kovler (Russian), substitute judges,

and also Santiago Quesada, Deputy Section Registrar.

Representatives of the parties

Government: Claude Debrulle, Agent,

Chantal Gallant, Thérèse Michaux, Nancy Bracke, Geert De Vulder, Gert Van Bastelaere, Counsel,

Annick Davis, Adviser.

Applicant: Tom De Gendt, Counsel.

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After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility, followed if appropriate by a judgment, will be delivered at a later date.

Registry of the European Court of Human Rights

F - 67075 Strasbourg Cedex

Press contacts: Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)

Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)

Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54)

Fax: +00 33 (0)3 88 41 27 91

The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court's judgments. More detailed information about the Court and its activities can be found on its Internet site.