violation of article 8 - child’s best interests cannot be confined to keeping the family together
- detention is mesure of last resort -consideration should be given to alternative measures - detention of minors called for greater speed and diligence on the part of the authorities
- detention arbitrary since it should have been clear to the authorities that removal was impracticable
- violation of Article 5 § 4 of the Convention on account of the lack of a possibility to take proceedings for review of the continued detention
The Court found in particular that the applicants had been deprived of their liberty for their first month in the centre, until 21 April 2016 when it became a semi-open centre.
The Court was nevertheless of the view that the one-month period of detention, whose aim had been to guarantee the possibility of removing the applicants under the EU-Turkey Declaration, was not arbitrary and could not be regarded as “unlawful” within the meaning of Article 5 § 1 (f). However, the applicants had not been appropriately informed about the reasons for their arrest or the remedies available in order to challenge that detention.
