EHRM: 9 dagen vreemdelingendetentie moeder+baby is schending 3EVRM

The case concerned the pre-removal detention of a mother and her minor child of seven-and-a-half-months old, in France with the view to transfer to Spain. The applicants were placed in a detention centre for 48 hours which was then extended by domestic courts for 28 days. The authorities, however, released the applicants in nine days.

The ECtHR first ruled that France subjected the child to a treatment that exceeded the threshold of severity required by Article 3 ECHR taking in consideration the very young age of the applicant, the conditions of the detention centre and the duration of his detention. The Court held that France also breached Article 3 in relation to the mother.

The Court then ruled that France violated Article 5 §1 and §4 ECHR because the authorities did not sufficiently verify whether the extension of detention in order to facilitate the child’s departure was a measure of last resort for which no less restrictive measure were available. Moreover, the Court found that the child did not benefit from a review to assess the lawfulness of the prolonged detention.

EHRM A.C. and M.C., 4289/21, 4.5.23
https://hudoc.echr.coe.int/eng?i=001-224446