At its Human Rights meeting from 2 to 4 December, the Committee of Ministers examined the action report submitted by the Italian authorities on the Darboe and Camara group of cases, which concerns violations of the right to respect for private life due to shortcomings in the age-assessment procedures, including the failure to apply the presumption of minority and to promptly appoint a legal guardian. The group also involves violations arising from the length and the poor conditions of the applicants’ stay in adult reception facilities, which amounted to inhuman and degrading treatment, as well as the ineffectiveness or unavailability of domestic remedies in respect of the alleged violations (violations of Article 3 and of Article 13 in conjunction with Articles 3 and 8).
The Committee positively noted the progress achieved in expanding reception capacity in dedicated facilities for unaccompanied minors and the authorities’ efforts to ensure the respect of procedural safeguards in the age-assessment procedure. It also encouraged the authorities to build on these results to ensure the consistent implementation of Law No. 47/2017 nationwide and guarantee that minors are placed in dedicated and appropriate facilities.
Considering the authorities’ significant efforts in addressing these complex issues and the progress achieved, the Committee decided to transfer the case of Darboe from enhanced to the standard supervision procedure and to close the case of M.A.
