ECtHR v. Belgium on detention of children: part II

On 10 January 2010 the European Court of Human Rights released its judgment in the case of Muskhadzhiyeva and others v. Belgium, a case concerning the detention of minor asylum seekers in a closed detention centre. The applicants in Muskhadzhiyeva and others were five Chechnyans: a mother and her four minor children. Following the dismissal of their asylum application, they had been detained in the closed detention centre “127bis”, in wait of their expulsion.

Belgium had already been convicted for the detention of unaccompanied minor asylum seekers in the same detention centre in Mubilanzila Mayeka and Kaniki Mitunga v. Belgium. However, in the case of Muskhadzhiyeva and others the children had been detained along with their mother and not alone. The circumstances of the case were thus different from the earlier one. Continue reading