The authors of the communication are the Algerian nationals H.B., Y.B. and H.B. They claim that the State party has violated their rights under articles 2, 3, 8, 12, 18 (2), 20 (1), 27 and 29 of the Convention. Among other things, they claim that the Spanish authorities did not take into account the best interests of the child in their decisions, and that they were not protected as children deprived of their family environment. The Optional Protocol entered into force for the State party on 14 April 2014.
On 2 October 2018, the authors were intercepted while trying to reach Málaga, Spain, in a small boat. On arrival, they said they were under 18 years of age. On 3 October 2018, they underwent medical age-determination tests consisting of X-rays of their left hands. The tests indicated that the age of the authors was “very probably 18 years of age” at a minimum. On 4 October 2018, the Malaga prosecutor’s office for minors issued decrees declaring them to be adults; the decrees were not shared with the authors, and expulsion proceedings were initiated. On the same day, Málaga Court of Investigation No. 5 ordered the authors to be placed in a holding centre for adult foreign nationals in Tarifa.
On 11 October 2018, the authors submitted their birth certificates to the Málaga prosecutor’s office for minors. While these certificates were initially disregarded, on 9 November 2018 the prosecutor’s office nevertheless issued decrees declaring the authors to be minors. On 15 November 2018, however, the prosecutor’s office issued new decrees declaring them to be adults on the basis of safe-conduct passes issued by the Algerian Consulate in Alicante, in which the authors were recognized as Algerian citizens of legal age.
On 27 February 2019, the authors requested a review of the conflicting ages declared in the decrees dated 9 and 15 November 2018. Basing its decision on the best interests of the child, the prosecutor’s office overturned the decree of 15 November 2018 and recognized that the authors were under the age of 18, as stated in the decree of 9 November 2018.
On 3 November 2020, the authors’ representative reported that she had lost contact with them.
At its meeting on 4 February 2021, the Committee, having noted that the authors were recognized as minors by the State party’s authorities, considered that communications No. 57/2018, No. 58/2018 and No. 59/2018 had been rendered moot and therefore decided to discontinue its consideration of them, in accordance with rule 26 of its rules of procedure under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.