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Council of Europe
Country of Decision : Council of Europe
Court Name : CoE: European Court of Human Rights [ECHR]
Date of decision : 22/07/2021
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : No 57035/18

M.D. and A.D. vs France

The applicants are two nationals of Mali, a mother and her daughter, which was four months old at the time of the facts. The first applicant had arrived in France via Italy, after having fled her country of origin due to the fear of being subjected to FGM and forcibly married. After refusing to board a flight to Italy, they were placed in administrative detention in Mesnil-Amelot Administrative Detention Centre No 2.

The ECtHR found a violation of Article 3 of the European Convention, considering that the detention of a four months’ old minor for 11 days, and whose detention ended only due to the interim measure allowed by the court, was excessive and went beyond the severity threshold under Article 3. due to the ill treatment of the applicants who were held in inadequate conditions and considering the age of the second applicant. A violation of Article 3 was also found in regard to the first applicant.

In addition, the court also found a violation of Article 5 (1) and (4) of the Convention as the national authorities had not fact verified that the initial detention was a measure of last resort for which there was no other alternative. None of the courts had taken into account the minority of the second applicant.

Detention/ Alternatives to Detention; Minor; Vulnerable Group;

European Convention on Human Rights;

EASO IDS

Council of Europe,CoE: European Court of Human Rights [ECHR], M.D. and A.D. vs France, 22/07/2021
The ECtHR found violations of Articles 3 and 5 of the Convention for the detention pending a Dublin transfer of a mother and her child for 11 days in the Centre of Mesnil-Amelot No 2

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1876

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