Cour européenne des droits de l’Homme
7 décembre 2017
Facts
The applicants, three Iraqi minors who had fled Iraq with their parents, had been intercepted by the police at the Bulgarian-Serbian border and detained in a Border Police detention facility in Vidin.
Complaint
The applicants alleged that the conditions of their immigration detention in Vidin had subjected them to inhuman and degrading treatment contrary to Article 3.
Court’s ruling
The Court first noted that the immigration detention of minors raised particular issues as children were extremely vulnerable and had specific needs. In the present case, the Court found that the cell in which the applicants had been kept, although relatively well-ventilated and lit, was extremely run-down. It was dirty and contained worn out bunk beds, mattresses and bed linen, and there was litter and damp cardboard on the floor. The applicants had been forced to urinate onto to the floor of the cell due to a lack of access to toilets. The authorities had failed to provide food for the applicants. The Court ruled that the combination of these factors must have considerably affected the applicants both physically and psychologically. The Court concluded that there had been a violation of Article 3 of the Convention.