The case concerned four asylum-seekers who were not provided with accommodation or material support for periods ranging from several months to more than a year, despite final decisions of the Brussels Employment Tribunal ordering the Belgian State to ensure such assistance in accordance with its legal obligations. During this period, the applicants reportedly lived on the streets in Brussels in extremely precarious conditions, including during winter.

With regard to Article 3 of the Convention (prohibition of inhuman or degrading treatment), the Court found that the applicants had been subjected to living conditions reaching the minimum level of severity required to fall within the scope of this provision. It noted that they had been left without shelter, resources, or access to basic sanitary facilities, and that they had been unable to meet their essential needs for prolonged periods. The Court concluded that these circumstances amounted to degrading treatment.

The Court further found a violation of Article 6 §1 (right to a fair hearing), considering that the enforcement of the domestic court decisions had not taken place within a reasonable time. While acknowledging the difficult situation faced by the Belgian authorities in the context of pressure on the reception system, the Court held that such circumstances could not justify the delays in implementing judicial decisions intended to secure basic material conditions for the applicants. It also noted that enforcement had only occurred partially and after significant delays.

In addition, the Court found a violation of Article 34 (right of individual application), holding that the Belgian authorities had not complied within a reasonable time with interim measures indicated by the Court. These measures had confirmed obligations already established by domestic courts, yet their execution had been significantly delayed.

For further details, please read (in English) the press release from the Court and (in French) the judgment here.