In this case, two brothers, one of whom was a minor, were subjected to immigration detention in the Czech Republic pending their transfer to Romania under the Dublin Regulation. While the police formally detained the older brother, the younger brother was also placed in the detention facility without a formal detention decision in his case. 

The Supreme Administrative Court annulled the detention decision, stating that the police should have considered the minor’s rights when deciding to detain the older brother, as it affected both applicants. The court emphasized that, under the Convention on the Rights of the Child, detention of minors should be a last resort, for the shortest time possible, and that the best interests of the child must be the guiding principle. Additionally, the length of detention must be justified, and authorities should show that less restrictive alternatives were not feasible, per the European Convention for Human Rights and EU Reception Directive standards. 

Source here.

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