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A.C & M.C v France – 4289/21

Country France
Status FINAL
Court ECtHR
Relevant Law Article(s) 3, 5
Year 2023

This case pertains to the administrative detention of a mother and her seven-and-a-half-month-old son for nine days in anticipation of their transfer to Spain under the Dublin III Regulation. The applicants argued that this detention violated Articles 3 and 8 of the Convention.

Initially, an order was issued for a 48-hour detention for the transfer process. Subsequent appeals against this order were rejected by the judge of liberties and detention, who also sanctioned an extension of the mother’s detention to 28 days. The detention order asserted the absence of evidence of vulnerability justifying non-detention, but it allowed the mother to request an assessment.

The child contended that the detention contravened Articles 5-1 and 5-4. During the detention, the child experienced conditions surpassing the Article 3 threshold due to his very young age, conditions in the facility, and the prolonged detention period.

The court found shortcomings in authorities’ efforts to adequately explore alternative measures before extending the detention. Ultimately, the court determined a violation of Articles 3 and 5-1 concerning the child’s rights in the context of the case.