Two Sudanese detained in closed centers have been released by justice since early this week following the publication, last Thursday, by the General Commission for Refugees and Stateless (CGRA) report, as confirmed Wednesday by corroborative sources. In both cases, prolonging their detention has been revoked by a Council Chamber, estimating, on the basis of an opinion made known by the CGRA, that the Belgian State had not verified to what risks their going back to their country was exposing each of them.
“Under Article 3 of the European Convention on Human Rights, the administrative authority is obliged to verify, case by case, any risk of violating the said dispositions, to evaluate existing risks for those being sent back to Sudan, and even before whether they deem or not protection to be necessary,” specifies one of the prescriptions released Monday, which is also based on the decision rendered last 31 January by the Court of Cassation concerning the detention of Sudanese.
No precise evaluation by the authorities having been included in their file, the two Sudanese were immediately released by the Council Chamber. The Aliens Office announced, however, its intention to appeal on these decisions. According to the Aliens Office, and to various associations assisting migrants, these two liberations are the only two pronounced to this day since the publication of the CGRA Report.
However, should the State not adapt to comply with these recommendations, other liberations could follow in the days to come on the basis of the same motivation. “A thorough examination of the risks of torture or inhuman treatment as per Article 3 of the European Convention for Human Rights must be realized for each case,” confirmed Wednesday the Aliens Office.
“The CGRA report had indeed published conditions concerning repatriations towards Sudan that the government is yet to effectively put into place.” Seventeen Sudanese are currently in custody in closed centers in Belgium.