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Čonka v. Belgium, No. 51564/99, ECtHR (Third Section), 5 February 2002


Extradition of a person seeking asylum on racial grounds. Right to liberty and security concerning the lawfulness of arrest. 

Normative references

Art. 5 ECHR
Art. 4 Prot. No. 4 ECHR


1. The expulsion of the applicant (an asylum seeker alleging racial violence in his own country) has been decided by administrative authorities and he had not the time to file a complaint before criminal courts to have the lawfulness of his arrest reviewed. Consequently, there has been a violation of the applicant's right to liberty and security. 

2. Domestic authorities have decided the expulsion of a number of aliens without assessing every single situation. As a consequence, art. 4 Prot. N. 4 ECHR has been violated.