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Judgment against Malta and roundtable on immigration

On 22 November 2016 the Court handed down a Chamber judgment in Abdullahi Elmi and Aweys Abubakar v. Malta. The case concerns the detention of two asylum-seekers in Safi Barracks Detention Centre, Malta, pending the outcome of age-assessment procedures to determine whether they were minors. Both applicants were subsequently found to be minors.

The Court found, in particular, that the cumulative effect of the applicants’ conditions of detention, taking into account the fact that they were minors, amounted to degrading treatment within the meaning of Article 3 of the European Convention on Human Rights (ECHR). The Court further considered whether the applicants’ detention was arbitrary. It held that the unreasonable length of time taken to determine the applicants’ ages called into question the good faith of the Maltese authorities and that, in the light also of the other factors of the case, there had therefore been a breach of Article 5 § 1 of the Convention. (read more)

On 25 November 2016 a tripartite roundtable on Immigration law, bringing together judges from the European Court of Human Rights, the Court of Justice of the European Union and national judges who are members of the International Association of Refugee Law Judges (IARLJ), took place in the Human Rights Building. The aim of the roundtable was to enhance interjudicial dialogue. The topics covered included consistencies and discrepancies between the EU system and ECHR case-law as well as the treatment of minors in national asylum systems.

EUROPEAN COURT OF HUMAN RIGHTS
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