ECtHR - A.E. v. Greece (no. 46673/10) [Article 3 and 5], 27 November 2014

Monday, December 1, 2014

The European Court of Human Rights has again confirmed that the conditions of detention in Thermi border police station and Thessaloniki immigration police station breached the prohibition of inhumane treatment under the European Convention on Human Rights for a Turkish national who was held at both stations pending deportation to Turkey. The Court has further held that the applicant’s right to liberty and security along with the right for a court to speedily decide on the lawfulness of his detention had also been violated.

The Court acceded to the applicant’s arguments that his detention prior to and after lodging an asylum application had amounted to inhumane treatment especially in light of its previous case law (Tabesh v. Greece and Efremidze v. Greece)  which highlighted that detention conditions in the same Greek centres were overcrowded, unhygienic and not appropriate for the detention of migrants. Moreover, the Court refers to a 2011 Committee of the Prevention of Torture report which highlights that despite assurances from the Greek authorities that administrative detention at border posts would not be continued for those migrants in an irregular situation, the practice, at the time, was still very apparent. The Court thus found that conditions were sufficient to reach the threshold of Article 3.  

Based on an unofficial ELENA translation.

27 November 2014                                      

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.                                                       


Inhuman or degrading treatment or punishment