J.B. AND OTHERS v. MALTA - 1766/23 (Article 3 - Prohibition of torture : Second Section)

Art 3 (substantive) • Conditions of detention in immigration centres of the first applicant, not considered a presumed minor, not sufficient to reach required Art   3 threshold • Cumulative conditions of detention of the remaining applicants, presumed minors, amounting to inhuman and degrading treatment

Art 13 (+ Art 3) • Effective remedy • Constitutional redress proceedings ineffective for complaints of ongoing detention conditions

Art 5 � 1 • Deprivation of liberty • Art 5 � 1 (f) • Prevent unauthorised entry into country • Applicants' initial immigration detention unlawful • Subsequent immigration detention of first applicant, ultimately found to be an adult, in compliance with Art   5 �   1 • Subsequent detention of remaining applicants, to allow processing of asylum claim with required prior age assessment, arbitrary

Art 5 � 4 • Immigration Appeals Board (IAB) not an effective remedy for the review of the lawfulness of detention • Decisions not subject to subsequent control by a judicial body with "full jurisdiction" • Lack of proper, clear and transparent appointment procedure and selection criteria for members • Absence of guarantees against outside pressure and appearance of independence • In case-circumstances lack of automatic review and proceedings not decided speedily

Art 46 • Respondent State required to take general measures to ensure enactment of legislation for conformity of the IAB with independence and impartiality requirements and to establish an effective domestic remedy for complaints about ongoing conditions of detention