CRC/C/80/D/4/2016
14.8 Lastly, the Committee considers that the manner in which the author was deported,
as an unaccompanied child deprived of his family environment and in a context of
international migration, after having been detained and handcuffed and without having been
heard, without receiving the assistance of a lawyer or interpreter and without regard to his
needs, constitutes treatment prohibited under article 37 of the Convention.
14.9 The Committee, acting under article 10 (5) of the Optional Protocol, is of the view
that the facts before it amount to a violation of articles 3, 20 and 37 of the Convention.
15.
The State party should provide the author with adequate reparation, including
financial compensation and rehabilitation for the harm suffered. The State party is also
under an obligation to prevent similar violations from occurring in the future, in particular
by revising Organic Act No. 4/2015 on safeguarding the security of citizens, which was
adopted on 1 April 2015. The State party should moreover revise the tenth additional
provision of that law, on the special regime applicable in Ceuta and Melilla, which would
authorize its practice of indiscriminate automatic deportations at the border.48
16.
The Committee recalls that, in becoming a party to the Optional Protocol, the State
party has recognized the competence of the Committee to determine whether or not there
has been a violation of the Convention or its two substantive optional protocols.
17.
Pursuant to article 11 of the Optional Protocol, the Committee wishes to receive
from the State party, as soon as possible and within six months, information about the
measures it has taken to give effect to the Committee’s Views. The State party is also
requested to include information about any such measures in its reports to the Committee
under article 44 of the Convention. Lastly, the State party is requested to publish the
Committee’s Views and to have them widely distributed.
48
GE.19-07971
CRC/C/ESP/CO/5-6.
13
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