It took more than seven for the european Court of human rights (ECHR) to take a decision. On Thursday, the european jurisdiction has condemned France for the administrative detention and then the “return outgoing” to the Comoros to two children 3 and 5 years illegally in Mayotte. These two children were ” placed in administrative detention in the company of adults […] and returned speedily to the Comoros “, which “was able to engender a situation of stress and anxiety and have consequences that are particularly traumatic for their psyche,” said the court, which sits in Strasbourg.
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The judicial arm of the Council of Europe has been seized by the father of the two children who resides in Mayotte since 1994 on a regular basis with a temporary carte de séjour renewed. Born in 2008 and 2010, the two children, also applicants, were born in Mayotte. Their mother comorian, in an irregular situation, has been returned to the Comoros in 2011 with them, but she then returned to the island of Mayotte, after having entrusted his children to their grandmother.
“Damages”
In November 2013, the two children have redone the ride to the island of Mayotte ” to the edge of a boat of fortune “, in which 17 passengers were detained at sea by the French authorities, always depending on the court. They have been linked administratively to one of these passengers and returned the same day in the Comoros, without that their father was not able to make contact with them.
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” the totality of The circumstances led the Court to hold that the removal of the two children, from a very young age, that no adult knew or not attending has been decided and implemented without granting the warranty of a reasonable and objective examination of their situation “, summed up the ECHR. France will have to pay eur 22 500 to father and the two children for moral damages. “The conviction of France is particularly severe, and illustrates the arbitrary nature of the removals of foreigners in overseas “, commented on Twitter the specialist in european law Nicolas Hervieu.
