|
MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1501/H46-12 |
13 June 2024 |
|
1501st meeting, 11-13 June 2024 (DH)
H46-12 Moustahi v. France (Application No. 9347/14) Supervision of the execution of the European Court’s judgments
Reference document |
Decisions
The Deputies
1. recalled that this case concerns the measures taken following the illegal entry into Mayotte of the first applicant’s children, aged three and five, namely their administrative detention on 14 November 2013 and their collective and expeditious expulsion on the same day to the Comoros, after having been attached arbitrarily to a third adult and in the absence of an effective remedy;
2. recalled their awareness of the migratory pressure on Mayotte and the resulting challenges for the French authorities, while stressing the importance of fully implementing this judgment without delay; in this respect, welcomed the consultations that took place in Paris in June 2023 between the Secretariat and the authorities on the implementation of this case and encouraged them to continue and strengthen their dialogue on this matter;
3. concerning the protection of UMs (unaccompanied minors), in the absence of any new information, invited the authorities to provide the Committee with concrete information on their care in Mayotte, including the budgetary and staffing efforts devoted to them and the project of creating a service dedicated to their assessment;
4. noted with satisfaction the Law of 26 January 2024, which prohibits from now the administrative detention of minors, even when they are accompanied; in view of its inapplicability in Mayotte until 2027, however urged the authorities to put a swift end to the administrative practice of attaching children to third-party adults, with the sole aim of enabling their administrative detention and rapid removal from the territory;
5. to this end, invited the authorities to adopt, without delay, additional concrete measures to ensure that the administrative authorities comply with the requirements of the Court’s judgment and of the Council of State as regards the verifications to be carried out before any attachment and forced removal of minors;
6. with regard specifically to the conditions of removal, asked the authorities which measures they have taken and/or plan to take to fulfil their positive obligations in this respect according to the case-law of the Court and of the Council of State (preparation for removal, supervision, guarantees of care at destination);
7. concerning the lack of an effective remedy and the prohibition of collective expulsions, noted with interest the measures aimed at facilitating the support of associations for persons in administrative detention and the decisions illustrating that a judicial review can result in minors being detached and their removal suspended, while urging the authorities to indicate the measures adopted and/or planned to ensure that all minors who are about to be removed be given sufficient time to seize effectively a judge ; also noted with interest the authorities’ efforts to ensure respect for the seizure of the interim relief judge, and invited them to continue along this path to ensure its respect in all cases, in accordance with the regulations in force;
8. decided to resume consideration of this case at their DH meeting in June 2025.