Conflicting jurisprudence in the repatriation of Sudanese citizens

18 October 2017
Theo Francken

The Courts of First Instance in Leuven and Liège have issued conflicting statements regarding the detention and repatriation of Sudanese citizens in closed centres. The Court of Leuven has ruled detention to be legal. The services concerned can therefore continue to organise the repatriation of these persons. However, the Court of Liège is imposing a penalty of EUR 20,000 for each repatriation of Sudanese citizens from the closed centre in Vottem. Secretary of State Theo Francken respects the verdict but is appealing against the decision of the Court of Liège.

Leuven judge rules contrary to Liège judge

The Court of First Instance in Liège ruled that there is a risk that the repatriated Sudanese citizens may be subjected to torture or to inhumane or degrading treatment. That would violate Article 3 of the European Convention on Human Rights. For the Court of Liège, the fact that the person concerned did not submit an application for asylum is irrelevant. However, the Court of Leuven cites this very point to rule that there is no question of any violation of Article 3 of the European Convention on Human Rights.

Theo Francken continues policy

Theo Francken and the competent services are in the meantime continuing their policy. They will focus on organising repatriations from the other closed centres. The persons concerned continue to be detained. At present, it concerns 72 Sudanese citizens spread out across the various closed centres in the country. Sixty Sudanese citizens have been repatriated since the start of August. Twenty Sudanese citizens submitted a request for asylum.

How valuable did you find this article?

Enter your personal score here
The average score is