Communicated cases against Finland and Belgium

Friday, October 5, 2018

The ECtHR has recently communicated two asylum-related cases:

  • Abdalah Bargo GAZATI against Belgium (application no 30190/18): The case concerns a Sudanese applicant who was placed under detention in the 127bis closed centre in Belgium. He was then transferred to the Merksplas detention centre, despite the existence of a doctor’s report describing the applicant’s medical condition and recommending his transfer to an open centre. The applicant was released a few months later, after being recognised as a refugee. He complains that his detention was unlawful under Article 5 (1)f, as his mental health state was not taken into consideration.
  • A.-G. against Finland (application no 27155/18): An Iraqi national’s asylum application was rejected by the Finnish Immigration Service, and his removal back to Iraq was ordered. His claim was found credible, but the rejection was based on the Service’s conclusion that he would no longer face persecution, as he would not be working in the same high-ranking position upon return. The case is now pending before the Supreme Administrative Court, and a Rule 39 order has been granted against his removal by the ECtHR. In his application, he complains his removal to Iraq would constitute violation of Articles 2 and 3 ECHR.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.




Inhuman or degrading treatment or punishment