The case concerns a Burkinabe unaccompanied child who, upon arrival in Italy, was placed in an adult reception and asylum seekers’ centre for approximately five months—despite being delivered a residence permit confirming that he is a child.
On 5 December 2023, the European Court of Human Rights (ECtHR) issued interim measures under Rule 39, indicating to the Italian Government to transfer the child to an age-appropriate centre for unaccompanied children. The transfer occurred the following day, after which the District Court struck the case from its list.
The ECtHR found violations of Article 5 §§ 1, 2, and 4 of the European Convention on Human Rights (ECHR) in respect of the lack of a clear and accessible legal basis for the detention, as well as the absence of sufficiently expeditious judicial review. Additionally, the Court ruled that the applicant had no access to an effective domestic remedy, in breach of Article 13 of the ECHR in conjunction with Article 3. It further concluded that the applicant’s five-month detention in conditions inadequate for an unaccompanied child constituted inhuman and degrading treatment, violating Article 3 of the ECHR.
Read the full decision here.