The European Court of Human Rights condemns Belgium for a Violation of the Right to a Fair Hearing

20-07-2023 

Sofía Medina Sánchez 

International Justice and Human Rights Researcher 

Global Human Rights Defence 

On the 18th of July 2023 the European Court of Human Rights (ECtHR) issued the judgment of the case Camara v. Belgium holding Belgium accountable for a violation of the applicant’s right to a fair hearing (Article 6 ECHR). 

The case concerned an individual seeking international protection who raised a complaint that he was left without accommodation in Belgium from July to November 2022, despite the Brussels French-Language Employment Tribunal’s decision ordering the Belgian State to provide him with material assistance and accommodation. The Tribunal’s order was issued on 22 July 2022, became final on 29 August 2022, and was ultimately enforced on 4 November 2022. 

The Court acknowledged that the enforceability of the order required the State to execute it voluntarily in accordance with domestic law. However, the execution did not occur spontaneously, instead, it happened only after an interim measure granted by the Court on 31 October 2022. 

The Court recognised that the circumstances in this case were not isolated incidents but revealed a systematic failure on the part of the Belgian authorities to enforce final judicial decisions concerning the reception of international protection applicants. Despite understanding the challenges faced by the Belgian State, the Court deemed the time taken to enforce a court order aimed at protecting human dignity as unreasonable. The systemic failure placed a burden on both the national court and the Court itself. The Court found that it was not merely a delay by the Belgian authorities but rather a clear refusal to comply with the orders issued by the domestic court, which undermined the essence of the right protected by Article 6 of the Convention.

Lastly, the Court lifted the interim measure granted on 31 October 2022 since the applicant's situation had changed due to his accommodation being granted as of 4 November 2022.

Sources and further reading: 

Case of Camara v. Belgium (application no. 49255/22 ), Judgement, Second Section, 18th July 2023: https://hudoc.echr.coe.int/#{%22itemid%22:[%22001-225884%22]}

Press Release issued by the Registrar to the Court, ECHR 229 (2023) 18 July 2023: https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-7706270-10639596%22]}