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M.E. v. Spain, Communication No. 78/2019, 10 March 2022

This case concerned a 17-year old Moroccan national that was intercepted while attempting to enter Spain in a migrant boat. He had no papers and was taken to a hospital where an X-ray of his left hand was taken, the examination of which indicated that he was over 18 years of age. Following to this, his expulsion as well as his detention were ordered.  He claimed  that the State had violated his rights under article 3, read in conjunction with articles 18 (2), and 20 (1) as well as articles 8, 12, 20, 27 and 29 of the Convention. In accordance with article 6 of the Optional Protocol, on 19 March 2019 the working group on communications, acting on behalf of the Committee, requested the State party to take interim measures – namely, to suspend the execution of the author’s deportation order pending the Committee’s consideration of his case  and to transfer him to a child protection facility. Later, the State party submitted a request to close the case explaining that the Prosecutor’s Office had issued an age determination ruling officially recognizing the author as a minor and ordering his transfer to a juvenile protection centre the Committee considered that the recognition of the author as a minor rendered the case moot and decided to discontinue its consideration, in accordance with rule 26 of its rules of procedure relating to the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.

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