A mother and her minor child of seven-and-a-half-months old, both Guinean nationals, were placed in detention in France pending a Dublin transfer to Spain. They were held there for 48 hours, subsequently extended by the courts for 28 days. They were released after nine days.

They complained before the ECtHR under Article 3 and Article 5 of the European Convention.

Under Article 3, the ECtHR held that there had been a violation of the European Convention, for the mother and her child. The court held that given the very young age of the child, the reception conditions in the Metz-Queuleu detention center and the length of the detention which lasted nine days, the competent authorities subjected the child to treatment which has exceeded the severity threshold required by Article 3 of the Convention. Having regard to the inseparable ties between the mother and her seven-and-a-half-month-old baby, as well as the emotions which they share, the court considered that the same violation took place for the mother. 

Under Article 5, the court found violation of §1 and §4 of the European Convention. The court found that there was a violation of Article 5 § 1 of the Convention in respect of the minor applicant, MC, regarding the extension of the administrative detention, as the authorities did not verify if the extension of the detention was a measure of last resort to facilitate the child’s departure. It was further held that the minor applicant did not benefit from a judicial review under Article 5 § 4 of the European Convention.