Six Bangladeshi teenagers were held in adult detention for two months on arrival in Malta. Strasbourg found violations of the prohibition of inhuman treatment, the right to liberty, and the right to an effective remedy.
European Court of Human Rights — Second Section · ECHR Second Section Committee · 22 October 2024
Six Bangladeshi nationals arrived in Malta as unaccompanied minors, aged 16 and 17. They were detained for the first two months with adults in mixed-age facilities, then for a further four months with other minors. Conditions were poor throughout: overcrowded rooms, restricted outdoor access, no education and limited basic facilities. All six applicants suffered serious deterioration in their mental health during and after the detention. The European Court of Human Rights delivered judgment on 22 October 2024 (final 22 January 2025), finding three violations: Article 3 — prohibition of inhuman or degrading treatment: The cumulative impact of the conditions, combined with the vulnerability of the detainees as minors, reached the threshold of inhuman and degrading treatment. States carry heightened obligations toward child detainees. Article 5 — right to liberty: The detention was not lawful in its manner and conditions. Article 5 § 4 — right to challenge detention: Malta's Immigration Appeals Board did not meet the required standards of independence and impartiality for an effective judicial remedy. Malta was ordered to pay between €9,000 and €15,000 per applicant and directed to implement systemic reforms — including restructuring the Immigration Appeals Board.
Violations of Articles 3, 5 and 5§4 ECHR found unanimously. Malta ordered to pay €9,000 (first applicant) and €15,000 each (five others) in non-pecuniary damages, plus €6,000 joint costs. Systemic reforms required.
ECHR Art. 3 — prohibition of inhuman or degrading treatment; Art. 5 — right to liberty; Art. 5§4 — right to challenge detention lawfulness; Immigration Act Ch. 217