On the 9th of January 2023, the ECtHR communicated the case G.G and D.C. v. Belgium, no 22624/21. The communication concerns Mexican applicants which state that Belgium did not contest the elements giving rise to their first asylum application, hence it is established that they belong to a group systematically exposed to ill-treatment in Mexico. The applicants argue that Belgium placed an excessive burden of proof on them without conducting an adequate examination of their second application or of the generalised violence following the restructuring of the Mexican cartels.
The Court questions whether Belgium sufficiently examined the risk of ill-treatment upon return and whether the applicants have an effective remedy within the meaning of Article 13 to pursue their complaints under Article 3.
Based on an unofficial translation within the ELENA team