In J.B. and Others v. Malta, the six applicants were Bangladeshi nationals and 16 and 17 years old at the time of their arrival in Malta, where they were held in detention for two months together with adults and subsequently for another four months with other minors.
The European Court of Human Rights found that Malta had violated the applicants’ rights under Articles 3 and 5 of the European Convention on Human Rights. The Court found that the detention of five of the six applicants, who were to be considered ‘presumed minors’ in the eyes of the authorities at the time of their detention, in conditions not suited for children amounted to inhuman and degrading treatment. In addition, none of the applicants had had access to an effective judicial remedy to challenge their detention, amounting to a violation of Article 5 § 4 ECHR. The Court also found violations of Article 5 § 1 as the applicants’ detention had been, in its initial phase, unlawful, and, in the later phase, arbitrary in nature.
Source here.