CRC/C/80/D/4/2016

United Nations

Convention on the
Rights of the Child

Distr.: General
15 May 2019
English
Original: Spanish

Committee on the Rights of the Child

Views adopted by the Committee under the Optional
Protocol to the Convention on the Rights of the Child on a
communications procedure, concerning communication No.
4/2016*, **
Communication submitted by:

D.D. (represented by counsel, Mr. Carsten
Gericke, and by Fundación Raíces, a nongovernmental organization)

Alleged victim:

D.D.

State party:

Spain

Date of communication:

26 November 2015

Date of adoption of Views:

1 February 2019

Subject matter:

Summary deportation of an unaccompanied child
from Spain to Morocco

Procedural issues:

Inadmissibility rationae loci, rationae personae
and rationae materiae, failure to exhaust
domestic remedies

Articles of the Convention:

3, 20 and 37

Articles of the Optional Protocol:

5 and 7 (e)

1.1
The author of the communication is D.D., a Malian citizen born on 10 March 1999.
He claims to be a victim of violations of articles 3, 20 and 37 of the Convention. The
Optional Protocol entered into force for the State party on 14 April 2014.
1.2
On 9 June 2017, the Working Group on Communications, acting on behalf of the
Committee, decided to reject the State party’s request to consider the admissibility and
merits of the communication separately.
The facts as submitted by the author
2.1
In 2013, the author left his village in Mali because of the armed conflict. He arrived
in Morocco in February 2014 and spent nearly a year living in the informal migrant camps
on Mount Gurugú surrounding the Spanish enclave of Melilla.

* Adopted by the Committee at its eightieth session (14 January–1 February 2019).
** The following members of the Committee participated in the examination of the communication:
Suzanne Aho Assouma, Hynd Ayoubi Idrissi, Olga A. Khazova, Hatem Kotrane, Gehad Madi,
Benyam Dawit Mezmur, Clarence Nelson, Mikiko Otani, Luis Ernesto Pedernera Reyna, José Ángel
Rodríguez Reyes, Kirsten Sandberg, Ann Marie Skelton, Velina Todorova and Renate Winter.

GE.19-07971 (E)

120719 120719

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