CEDH · PRESS;GENERAL;ENG — 26 janvier 2006

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .sA8C2B9B0 { width:20.37pt; text-indent:0pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS   40 26.1.2006   Press release issued by the Registrar   CHAMBER HEARING MUBILANZILA MAYEKA AND KANIKI MITUNGA v. BELGIUM   The European Court of Human Rights is holding a Chamber hearing today Thursday 26 January 2006 at 9 a.m., on the admissibility and merits in the case of Mubilanzila Mayeka and Kaniki Mitunga v. Belgium (application no. 13178/03).   The applicants   The case concerns an application brought by Pulcherie Mubilanzila Mayeka and her daughter Tabitha Kaniki Mitunga, who are Congolese nationals, born in 1970 and 1997 respectively and living in Montreal (Canada). Their application concerns the detention of five-year old Tabitha for almost two months and her subsequent deportation to her country of origin.   Summary of the facts   Having obtained refugee status in Canada, Mrs Mubilanzila Mayeka asked her brother, a Dutch national residing in the Netherlands, to fetch her daughter Tabitha from the Democratic Republic of the Congo and to look after her until she was able to join her in Canada.   On 18 August 2002, on their arrival at Brussels airport, Tabitha, who did not have the documents required to allow her to enter Belgian territory, was detained in transit centre no.   127 while her uncle who had accompanied her returned to the Netherlands. A lawyer was appointed to represent the child that same day.   On 27 August 2002, the Belgian Aliens Office declared an application for asylum that had been made in Tabitha’s name inadmissible. That decision was upheld by the Commissioner-General for Refugees and Stateless Persons on 25 September 2002.   On 26 September 2002, Tabitha’s lawyer sought permission from the Aliens Office for her to stay elsewhere, but this was refused.   On 16 October 2002 the Committals Chamber of the Brussels Court of First Instance ruled that Tabitha’s detention was incompatible with the Convention on the Rights of the Child and ordered her release.   On 17 October 2002 Tabitha was deported to the Democratic Republic of the Congo. No members of the family were there to meet her on her arrival.   At the end of October 2002 Tabitha was reunited with her mother in Canada following the intervention of the Belgian and Canadian Prime Ministers.   Complaints   The applicants argue that Tabitha’s detention and deportation violated Articles 3 (prohibition of inhuman and degrading treatment), 5 (right to liberty and security), 8 (right to respect for private family life) and 13 (right to an effective remedy) of the European Convention on Human Rights.   Procedure   The application was lodged with the European Court on Human Rights on 16 April 2003.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Loukis Loucaides (Cypriot), Anatoli Kovler (Russian), Khanlar Hajiyev (Azerbaijani), Dean Spielmann (Luxemburger), Sverre Erik Jebens (Norwegian) judges , Paul Martens (Belgian), ad hoc judge , Nina Vajić (Croatian), substitute judge , and also Santiago Quesada , Deputy Section Registrar .   Representatives of the parties   Government :   Claude Debrulle , Agent ,   Chantal Gallant , Philippe Gerard , Linda Peeters , Rika Goethals ,   Nancy Bracke Counsel ;   Applicants :   Dirk Vanheule , Counsel .   The applicant, Pulcherie Mubilanzila Mayeka will also attend the hearing.   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility, followed if appropriate by a judgment, will be delivered at a later date.   ***     Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54)   Beverley Jacobs (telephone: +00 33 (0)3 90 21 54 21) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.