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On 9 April 2026, the First Section of the European Court of Human Rights (ECtHR) delivered its judgment in H.D. v. Italy (Application no. 41645/23). The case concerned the placement and prolonged stay of an unaccompanied child in an adult reception centre in Italy, as well as the lawfulness of his deprivation of liberty and the adequacy of available remedies.

The applicant, a Burkinabe national, was placed in the adult reception and asylum centre in Isola di Capo Rizzuto (Crotone). Despite being soon recognised as a minor and granted a residence permit, he remained in the centre for more than five months without being allowed to leave. During that time, he challenged his situation before the domestic courts and subsequently requested an interim measure under Rule 39, which led to his transfer to a facility for unaccompanied children.

The Court found that the applicant’s deprivation of liberty lacked any legal basis and could not be justified under Article 5 § 1 (f) ECHR. It examined both limbs of that provision and noted that no removal or refusal of entry procedure had been initiated. On the contrary, the applicant had been formally recognised as a child and granted a residence permit to stay in Italy. The Court therefore concluded that his detention could not be justified under Article 5 § 1 (f). It also rejected the Government’s reliance on subsequent legislative amendments allowing the temporary accommodation of minors in adult centres, noting that these provisions entered into force after the applicant’s placement and did not provide a legal basis for deprivation of liberty. Furthermore, the Court held that the authorities failed to inform the applicant of the reasons for his detention, in breach of Article 5 § 2. Regarding Article 5 § 4, the Court recalled the requirement of a speedy judicial review and found that the domestic proceedings lasted several months and only concluded after the applicant’s transfer following an interim measure, therefore finding a violation of Article 5 § 4.

In relation to the complaint under Article 3, the Court reiterated the principles applicable to the treatment of persons held in immigration detention and emphasized the particular vulnerability of children. It found that the applicant had been held for over five months in an adult reception centre characterised by overcrowding, poor material and hygienic conditions, and a lack of appropriate services. Although children were nominally placed in a separate area, the evidence showed that separation from adults was ineffective in practice and that they lived in close contact. Moreover, no specific educational, recreational or psychosocial support adapted to minors was provided, and the applicant was not allowed to leave the centre. The Court concluded that the applicant had been subjected to inhuman and degrading treatment in violation of Article 3 ECHR.

The Court also found that Article 13 taken in conjunction with Article 3 had been violated. The applicant’s complaint concerned not only the material conditions of detention but also his placement in an adult facility, which required an effective remedy capable of securing his prompt transfer to a suitable centre for children. Although a domestic remedy was available, the Court considered that the delays in the proceedings rendered it ineffective in practice.