Belgium convicted in Tabitha case

[12 October 2006] - Belgium has been convicted by the European Court of Human Rights in Strasbourg for maltreating a young Congolese child.

The facts date back to 2002. The then 5-year-old Congolese girl Tabitha was underway from her native Congo to Canada to visit her mother. She was accompanied by her uncle. The aim was to make a stop in Brussels International Airport in Zaventem before continuing to the Netherlands to take the plane to Canada there.

Upon their arrival at Zaventem, the uncle was unable to provide the Belgian authorities with a legal permit to allow Tabitha to enter the country. Tabitha was brought to a detention centre for illegal immigrants, while her uncle travelled to the Netherlands.

Despite the Belgian judicial authorities having decided that Tabitha should be released, she was put back on a plane to Kinshasa in Congo. The 5-year-old was left on her own and there was nobody in Kinshasa to welcome her back upon her arrival.

After negotiations between the Belgian and Canadian authorities and the intervention of the Belgian Prime Minister, the little girl was allowed to travel to Canada after all.

Ruling of the European Court of Human Rights

On 12 October, the Court held, unanimously, that in the case of Mubilanzila Mayeka and Kaniki Mitunga v. Belgium, there had been:

• a violation of Article 3 (prohibition of inhumane treatment) of the European Convention on Human Rights on account of Tabitha’s detention;
• a violation of Article 3 on account of Tabitha’s deportation to her country of origin;
• a violation of Article 8 (right to respect of private and family life) on account of Tabitha’s detention; and,
• a violation of Article 8 on account of Tabitha’s deportation.

The Court also held, unanimously, that there had been a violation of Article 5, paragraph 4 (right to liberty and security) in relation to Tabitha.

Under Article 41 (just satisfaction), the Court awarded the applicants 35,000 Euros for non-pecuniary damage and 14,036 Euros for costs and expenses. 

[Source: Flandernews and Council of Europe]

Further information

• Council of Europe: Chamber judgement issued on case of Mubilanzila Mayeka and Kaniki Mitunga v. Belgium (12 October 2006)
• Defence for Children International: A world fit for animals - yes, but is it fit for humans? (21 January 2006)
• European Convention on Human Rights