(Brussels, 20 January 2012) -- The European Court of Human Rights condemned France for detaining a Kazak family with two small children. 

The Court found France to be in violation of Articles 3 (prohibition against torture or degrading treatment) and 5.1 and 5.4 (right to liberty and security) in respect of the detention of the children, then aged just five months and three years. Additionally the Court found France in violation of Article 8 (right to family life) for detaining the whole family.

The applicants applied for asylum in France but were rejected. On 27 August 2007 they were arrested and taken into police custody. Following a failed attempt to return the family to Kazakhstan, they were taken to Rouen-Oissel detention centre, which was authorised to accommodate families. On 29 August a judge ordered a two-week extension to their detention. On 11 September, the French authorities' second attempt to remove the family failed, upon which a judge ordered their release from detention.

On 16 July 2009 the family was granted refugee status on the grounds that the enquiries the Ardennes Prefecture made to the Kazak authorities, disregarding the family's confidentiality, had made it dangerous for them to be returned there.

The Court found that the Rouen-Oissel detention centre was not suitable for children. The only beds available were iron-frame beds for adults. Play areas were not available. Moreover the stressful environment of the detention was found to be unsuitable for children. While detainment of two weeks wouldn't be considered excessive per se, for the children it raised the risk of serious psychological trauma. The French authorities had not measured the potential harmful impact of detention upon the children.

The Court noted that France is only one of three European countries that systematically place accompanied minors in detention. There was no risk that the family would abscond, and as a result their detention could not be justified. 

In another case, Muskhadzhiyeva and Others v. Belgium, the Court similarly found Belgium to be in violation for detaining a family with children. Since then, Belgium has ceased the detention of families and has instead placed them in government-run community accommodation units.

"The Court's judgement adds further weight to the notion that children should never be placed in immigration detention facilities", says JRS Europe advocacy officer Philip Amaral. 

"There are plenty of examples around Europe where migrant children are placed in communities and afforded access to fundamental rights such as adequate housing and education. There should not be any reason for the placement in a detention centre", says Mr Amaral.

Read the press release from the Court

Read more about the judgement in Le Nouvel Observateur