Belgian Court Rules Against State in Moroccan Student’s Illegal Detention Case

On Tuesday, the Brussels Court of First Instance condemned the Belgian state for the illegal refoulement and detention (11 days) of Moroccan student Ouiam Ziti at the end of 2021. In its decision, the judge in charge of the case notes in particular that the arguments mentioned to justify her detention "are not legally admissible grounds that could justify the detention", reports RTBF. Referring to the other grounds, she notes that they are "general and stereotypical in nature, not allowing to establish that the administrative authority has carried out a concrete and individualized examination" of the young woman’s situation. "Neither the unlawful revocation of the Schengen visa nor the argument based on the lack of means of subsistence are legitimate grounds that could justify the detention of Ms. Ziti," the judgment states.

According to the courts, the treatment reserved for the student during her detention was such as to aggravate her moral prejudice. "Ms. Ziti’s medical file also indicates that, during her detention, her medication was changed without any medical reason given and that this change caused symptoms of allergy, skin rash and tachycardia leading to a risk of pulmonary embolism." "Contrary to what the Belgian state claims, the physical and mental health of a person deprived of liberty is an element of the damage that can be compensated due to illegal detention, as in this case," the judge in charge of the case will add. The Belgian state will have to compensate the student for this moral prejudice. Ziti’s counsel estimates the prejudice at 2,000 euros per day of illegal detention.

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The facts go back to December 2021. Ouiam Ziti, a 4th year dental student at the University of Iasi in Romania, arrived at Charleroi-Gosselies airport in Belgium on December 13 to spend a few days there. She was far from imagining the ordeal that awaited her. The police arrest her. "I was transferred to the Caricole center the same day around 8:30 pm. I was locked up in the Caricole center from Monday, December 13 to Friday, December 24," before being deported to Romania, the young woman had recounted by telephone to Bruno Duboisdenghien, a former socialist group leader on the Jodoigne municipal council, and a "committed citizen".

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The police accuse Ouiam of not having "cash on her to demonstrate that she is able to ensure her subsistence in Belgium," Soir.be reported. Statements refuted by the student who claims to have three bank cards, including a Mastercard, on her, and even offered to accompany an agent to a withdrawal point to prove that she could provide for her needs. "Even if you’re a billionaire, that won’t be enough," a policeman allegedly retorted to her. The young woman’s allegations were corroborated by the release of two excerpts from a conversation between the policeman, her uncle and herself.