This case concerns the detention for 5 months of an Iraqi minor at a border post in Sufli in unacceptable conditions and without taking into consideration his condition as a minor. This constitutes a violation of Article 3 ECHR coupled with Article 13 ECHR and a violation of Article 5 ECHR.
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The decision accepted the applicant’s appeal and decided to revoke the previous decision on the age and refer the applicant a minor, to an age assessment under the legal procedure (under the provisions of JMD 9889/2020 in stages). The minor from Afghanistan had been assessed as an adult, without the evaluation taking place in stages as the law describes.
Official source link: [PDF] -> attachments: Greece-Age Assessment_PDF 5
The Committee decided to postpone the adoption of a decision on the age of the applicant and to refer the applicant, a minor, to an age assessment under the legal procedure. The minor from Afghanistan was residing in Lesvos RIC and had been wrongfully assessed as an adult, without taking into consideration the statements of the applicant, his birth certificate and without being clear if the stages of the age assessment described by the JMD 9889/2020 were followed.
Official source link: [PDF] -> attachments: Greece-Age Assessment_PDF 2
The decision accepted the applicant’s appeal and decided to revoke the previous decision on the age and refer the applicant a minor, to an age assessment under the legal procedure (under the provisions of JMD 9889/2020 in stages). The minor from Afghanistan had been assessed as an adult, without the evaluation taking place in stages as the law describes.
The decision accepted the applicant’s appeal and decided to revoke the previous decision on the age and refer the applicant a minor, to an age assessment under the legal procedure (under the provisions of JMD 9889/2020 in stages). The minor from Afghanistan had been assessed as an adult, without the evaluation taking place in stages and without an estimated range of age by the pediatric.
The Committee decided to postpone the adoption of a decision on the age of the applicant and to refer the applicant, a minor, to an age assessment under the legal procedure (see in JMD 1982/16.02.2016). The minor from Syria was residing in Kos RIC and had been wrongfully assessed as an adult, after taking only into consideration an X-ray of his left hand and documents lodged by the applicant.
