In this case regarding the detention of two minor asylum seekers, the ECtHR found a violation of Articles 5§1 of the ECHR for both applicants. The Court held that the applicants’ detention was arbitrary and not carried out in good faith, and disregarded the children’s best interests. Hungarian authorities failed to act expeditiously when both applicants stated that they were minors after they had initially stated that they were adults. The ECtHR reiterates that a child’s extreme vulnerability takes precedence over these considerations, and that the burden of presumption of the applicants’ age should not be rebutted. Both three-month and two-month detention decisions violated Article 5§1 of the Convention because they were issued without verifying the applicants’ age and without explaining why less coercive alternative measures would not have been appropriate.
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