CRC/C/85/D/56/2018
to be heard because their interests coincided with those of their mother. The Committee
recalls that determining the best interests of the children requires that their situation be
assessed separately, notwithstanding the reasons for which their parents made their asylum
application. Therefore, the Committee considers that in the circumstances of the present
case, the absence of a direct hearing of the children constituted a violation of article 12 of
the Convention.
7.4
The Committee takes note of the author’s argument that the authorities did not take
into consideration the trauma experienced by the children, including twice fleeing their
country of origin, once by passing through a third country, once returning to their country
of birth, and another attempt under very traumatic conditions. The Committee considers
that, having failed to hear E.A. and U.A. on these facts, which may have very different
consequences on them from those experienced by their mother, the national authorities have
not shown due diligence in assessing their best interests.
8.
The Committee, acting under article 10 (5) of the Optional Protocol, is of the view
that the facts of which it has been apprised amount to a violation of articles 3 and 12 of the
Convention.
9.
Consequently, the State party is under an obligation to reconsider the author’s
request to apply article 17 of the Dublin III Regulation in order to process E.A. and U.A.’s
asylum application as a matter of urgency, ensuring that the best interests of the children
are a primary consideration and that E.A. and U.A. are heard. In considering the best
interests of the children, the State party should take account of the social ties that have been
forged by E.A. and U.A. in Ticino since their arrival and the possible trauma they have
experienced due to the multiple changes in their environment, in Azerbaijan and in
Switzerland. The State party is also under an obligation to take all steps necessary to
prevent similar violations from occurring in the future. In this regard, the Committee
recommends that the State party ensure that children are systematically heard in the context
of asylum procedures and that national protocols applicable to the return of children are in
line with the Convention.
10.
Pursuant to article 11 of the Optional Protocol, the Committee wishes to receive
from the State party, as soon as possible and within 180 days, information about the steps it
has taken to give effect to these 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. Finally, the State party is requested to publish the present Views and to have
them widely disseminated in the official languages of the State party.
14
GE.20-14363
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