ECHR, 6 November 2018, K.G. v. Belgium, Appl. No. 52548/15

Detention of an asylum seeker for reasons of public security: no violation of the right to liberty in the presence of a proper individualised necessity test

Abstract

In K.G. v. Belgium the ECtHR dealt with a case concerning an asylum-seeker placed and kept in detention for security reasons for approximately 13 months, while his asylum application was pending. The Court found no violation of the applicant’s right to liberty as protection of public safety had justified his detention, moreover the applicant’s state of health had been properly assessed and taken into account with regard to his detention conditions. Lastly, in light of all the relevant circumstances of the case, the Court did not consider the duration of the applicant’s detention as excessive and unreasonable.