Asylum seeker was left on the street without shelter and cwithout material assistance to meet his basic needs! Application of interim measure in Belgium to enforce a court order
JUDGMENT
Camara v. Belgium (app. no. 49255/22)
SUMMARY
On October 31, 2022, the ECtHR decided to impose an interim measure in the case of Camara v. Belgium (app. no. 49255/22).
The case concerns a Guinean national who applied to the Belgian authorities for international
protection on 15 July 2022. Since then he has lived on the street, not having been assigned a place in
a reception facility by the Federal Agency for the Reception of Asylum-Seekers (Fedasil) on account
of the alleged saturation of the network for receiving asylum-seekers in Belgium. This is the first case
of its kind. The Court continues to receive similar applications.
The Court decided to enjoin the Belgian State to enforce the order made by the Brussels Frenchlanguage Labour Court and to provide the applicant with accommodation and material assistance to
meet his basic needs.
PROVISIONS
Article 3
Article 6
Article 8
PRINCIPAL FACTS
The applicant, Abdoulaye Camara, is an asylum-seeker of Guinean nationality.
After arriving in Belgium on 12 July 2022, the applicant applied for international protection on
15 July 2022. Since then, he has not been assigned a place in a reception facility by Fedasil. He thus
applied to the Brussels French-language Labour Court, alleging a risk of serious and irreversible
damage to human dignity and requesting that Fedasil be ordered to comply with its legal obligations.
On 22 July 2022 the court ordered Fedasil to house the applicant in a reception centre, or else in a
hotel or any other suitable facility should no places be available, and to ensure his reception as
defined in section 6 of the Law of 12 January 2007, subject to penalties for non-compliance.
On 29 July 2022 the court order was served on Fedasil. However, requests from the applicant’s
lawyer for Fedasil to provide the applicant with accommodation and basic material assistance
remained unanswered. Accordingly, on 12 October 2022 the lawyer had the order served together
with a demand for payment and for compliance with the writ of enforcement. Fedasil did not lodge a
third-party application to set aside the order, which has in the meantime become final. It has still not
been enforced by Fedasil.
On 20 October 2022, after exhausting all the remedies available to him, the applicant applied to the
Court for an interim measure enjoining the Government to enforce the court order and to provide
him with emergency accommodation and material assistance to meet his basic needs.
In support of his request, the applicant stated that, besides the increasingly cold and damp
conditions, he was suffering from hunger and health problems. He also referred to the scabies
epidemic among asylum-seekers living on the street, which was worsening as a result of poor
sanitation. He stated that he was unable to find a doctor to perform a rapid check-up of his medical
problems.
THE DECISION OF THE COURT…
On 31 October 2022 the Court decided to indicate an interim measure and to enjoin the Belgian
State to comply with the order made by the Brussels French-language Labour Court on 22 July 2022
and to provide the applicant with accommodation and material assistance to meet his basic needs.
