The Admissibility of the Detention of Minors in Guarded Centers for Refugees in the Context of the Principle of Best Interests of the Child
The Admissibility of the Detention of Minors in Guarded Centers for Refugees in the Context of the Principle of Best Interests of the Child

Summary/Abstract: The glossed ECHR judgment concerns the extension of detention in a guarded center of an Armenianfamily seeking international protection. The Court has found that Poland breached art.5 par. 1 (f ) of the Convention for the Protection of Human Rights and Fundamental Freedoms.It has upheld its position expressed in the case of Bilalova and Others v. Poland (application no.23685/14), that “Various international bodies, including the Council of Europe, are increasinglycalling on States to expeditiously and completely cease or eradicate the immigration detentionof children. The Court has found that the presence in a detention centre of a child accompanyingits parents will comply with art. 5 par. 1 (f) only where the national authorities can establishthat such a measure of last resort was taken after verification that no other measure involvinga lesser restriction of their freedom could be implemented […]”. Therefore, the “rule of no recollection”operating in Polish legislation may be an additional test verifying the admissibility ofminors’ detention in guarded centers.

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