It often happens that courts decide on the release of an undocumented person from a closed centre because the detention has been too long, inappropriate, there was no risk of escape, etc.
Systematically, our authorities – i.e the Foreigners Office, the prosecutor or the prosecutor’s department- appeal against the decision, apparently with no distinction (did you say case by case?).
For the person concerned, this means a prolongation of the detention period of (maximum) 15 days and the appearance before the Chamber of indictment in Brussels.
This was the case for Kumar and G this week:
The Chamber of indictment decided that Kumar could not be released.
“20/12/2012 Kumar was not released by the indictment Chamber. For the Court, K should be kept imprisoned while waiting for his deportation. In spite of the non-existence of a passport or other documents proving his identity, Europe has made him an identity and a let pass would be ongoing or already expired! Nothing is clear and the Belgian office wants to deport him at all costs!
K has appealed to the Supreme court but he is really scared that in spite of all this the Office manages to find a trick to get rid of him.”
LAST MINUT: They will try to deport Kumar a second time on 22 decembre. Appeal follow!
And our Brazilian friend detained in Merskplas since October had been released by the Court this morning on 20/12. He was really happy. But then the news fell: he will have to stay in Merksplas and go to see new judges in 15 days who will decide on his release. After the feeling of sudden rage he pulled himself together and decided to continue fighting.
Are they that dangerous for “their public order”?