The case involves the detention of an asylum-seeking child in closed facilities in Malta, where the child claims to be under 18.
The First Hall of the Civil Court of Malta (Constitutional Jurisdiction) ruled that the applicant’s detention was arbitrary and unlawful, violating Malta’s Constitution, as well as Articles 3 and 5 of the European Convention on Human Rights (ECHR), and breaching relevant EU fundamental rights standards. The Court highlighted that the authorities failed to ensure adequate safeguards in accordance with the best interests of the child’s principle. It emphasized that detaining asylum-seeking children should only be a last resort and stressed the State’s responsibility to establish effective, lawful, and child-sensitive procedures, including timely and reliable age assessment mechanisms.
Read the full decision here.