The case of M.D. v Belgium

Applicant, M.D., an asylum seeker, was subject to three subsequent detention orders, leading to detention in a closed centre for a total duration of 4 months and 8 days. His appeal against the second detention order was dismissed on the ground that the appeal had become without subject, because the third detention order had already been issued. Appeal against this third detention order never reached an final decision, for the applicant was set free after expiry of the maximum detention term.

The European Court of Human Rights considered that applicant's detention never had been speedily examined on its lawfulness by a Court and for those reasons, condemned Belgium for violating Article 5 §4 of the European Convention for Human Rights.

More information

The judgment of the Court can be found in the attached file and on the website.

The case language is French