France was ordered by the Council of Europe to pay a fine of 5 000 euros to the child who was eight years old at that time.
The European Court of Human Rights condemned France on Thursday, March 31st for placing a child from Georgia, aged 8, and his parents in administrative custody for 14 days prior to their return to France at the end of 2020.
After entering France in 2019 illegally, the couple and their son were detained in Metz-Queuleu (Moselle), where they remained for two weeks. They were then deported to Georgia on the 20th of November 2020. According to the ECHR, their family would now be living in Turkey. This means that an 8-year old child would be able to live in Turkey. “Whoever cannot be considered capable of discerning the situation of the species is placed in a particular vulnerability”.
Even if there is equipment and games for children, “the Metz-Queuleu detention centre, adjoining the penitentiary centre, is characterized by its omnipresent security dimension”.
This is what the Court of Strasbourg considers.
Accordingly, 14 days detention is considered a period « excessive ».
This allows “the Court to conclude that, given his young age, the conditions of detention in the Metz-Queuleu center and the length of the detention, the competent authorities subjected the minor child to treatment which exceeded the threshold of seriousness required by Article 3 of the Convention”European Union of Human Rights.
Accordingly, the ECHR has condemned Paris to pay 5,000 Euros to the minor for non pecuniary damages. France is not to be retained by its parents.