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The applicant fled his village in Mali following armed conflict. He stayed in informal migrant centres in Morrocco outside Melilla. One day himself and a group of others decided to attempt to enter Melilla. The applicant stayed on top of a fence for hours with no food or water for fear of being pushed back by Spanish authorities. When the applicant did descend he was handcuffed, detained and forcibly removed back to Morocco. The applicant was 15 at this time. The Committee found Spain in violation of Articles 3, 20 and 37 of the CRC.

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