This decision concerns the detention of four Sri Lankan asylum seekers of Tamil origin, a woman and her three children (aged 13, 11 and 8 respectively at the time of the events), for almost four months in a closed transit centre, with a view to their deportation after the Belgian authorities refused them entry and while their return was pending. The court found a violation of Article 3 (for the three children) and Article 5 § 1 (for all applicants).
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This case concerns the deprivation of liberty of a third-country national subject to a removal procedure and the possibility that there is a risk of absconding.
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The CRC Committee found that the children’s detention in closed family detention centres violated the prohibition on ill-treatment (art. 37 CRC), read alone and in conjunction with the best-interests principle (art. 3 CRC).
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In this case, the Court decided that the use of handcuffs on a mother in front of her daughter is an aggravating factor.
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This case concerns 2 unaccompanied minor migrants interned in an overcrowded reception centre for adult migrants for 4 months. This constitutes a violation of Articles 3, 8 and 13 of the ECHR.
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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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