Case summaries
The Committee found that there were serious risks concerning the applicant’s situation that justify a more thorough examination than the simple summary assessment by the Federal Administrative Court. The absence of an effective, independent and impartial review of the decision constitutes a breach of the procedural obligations under Article 3 of the Convention.
The Court ruled that Malta violated Article 3, 5 and 13 of the Convention given the fact that the applicants, who were minors, endured inhumane detention conditions, lacked an effective remedy to challenge their detention, and faced unlawful deprivation of their liberty.
The Dutch Council of State does not consider ‘the best interest of the child’-criteriοn automatically fulfilled, in the context of a Dublin transfer, when an unaccompanied minor can be transferred to an adult family member in another MS. In turn, it considers that the authorities have to substantially and individually investigate whether the best interest of the child is respected when transferring.
The interview of an unaccompanied minor, conducted without any legal representation, violated domestic and international provisions regarding the right to a hearing and the best interest of the child.
Conditions in police stations do not justify prolonged detention, while the child’s extreme vulnerability should prevail over irregular status with necessary measures adopted to protect them. Domestic authorities had not done all that could reasonably expected to fulfil their obligation in light of their vulnerability.
The authorities violated Article 5 by automatically applying the protective custody regime, without considering any alternatives to detention or the requirement under EU law to avoid the detention of children.
Detention conditions in Greek police stations and living conditions in Idomeni Camp in northern Greece for five unaccompanied children were in breach of Article 3 of the Convention. A further violation was found in respect of Article 5 § 1 regarding the “protective custody” of unaccompanied children in police stations.
When deciding upon an asylum applicant’s age, authorities should assess the evidence in a holistic way, and not rely solely on medical examinations of the applicant. If, in the absence of sufficient evidence, authorities conclude that the applicant is an adult, they need to justify their decision by reference to the grounds for its conclusion.
The precarious living conditions in Calais and the failure of the French authorities to comply with judicial orders to protect the applicant, in view of his personal circumstances and young age, reach the threshold for a breach of Article 3.