Polish Archives | Page 11 of 12 | International Commission of Jurists

District Court in Jelenia Góra, Decision VI Kz 301/18, 24 October 2018

Sep 5, 2022

Court stated that the regional court had not examined the alternative measures in a proper way, had not sufficiently taken into account whether the best interests of the child preclude the imposition of detention, detention of children (between 3-11 years) would not...

Bilalova and Others v. Poland, ECtHR, Application no. 23685/14, Judgment of 26 March 2020

Sep 5, 2022

Immigration detention of a child is permitted for the shortest amount of time and only if the detention conditions are appropriate and less coercive measures are not available. Source: official link

District Court in Olsztyn, Decision VII Kz 420/20, 30 October 2020

Mar 3, 2022

The Court stated that the Polish Border Guard groundlessly assumed the friend of a seventeen-year-old is his legal guardian which led to the latter being unlawfully detained for several months. Official source link: (PDF)->attachments: Poland_PDF 6...

Khan v. France, ECtHR, Application No. 12267/16, Judgment of 28 February 2019

Jan 26, 2022

In its judgment the ECtHR reiterated the finding that States Parties have a positive obligation to protect and take care of unaccompanied migrant children under Article 3 ECHR and Article 20 CRC. In cases concerning foreign minors, whether accompanied or...

M.A. v Belgium, CJEU, Case No. C-112/20, 11 March 2021

Oct 21, 2021

This decision concerns a request for a preliminary ruling on the interpretation of article 5 of Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (the Return...