Amadou v. Greece (no. 37991/11) [Article 3 & 5(4)], 4 February 2016

Date: 
Thursday, February 4, 2016

The case of Amadou v. Greece relates to a national of Gambia who entered Greece on 31 July 2010. He was arrested by border police and detained at Fylakio pending adoption of an expulsion decision. The chief of the police ordered his expulsion and detention for up to six months. The applicant challenged this decision submitting that his conditions of detention were contrary to Article 3, and that he could not be expelled as he was at risk of persecution for political reasons. This was dismissed by the police chief. He was subsequently fined and sentenced to three months’ imprisonment for illegal entry and transferred to Aspropyrgos detention centre. He made an asylum application on 22 September 2010 with the assistance of the Greek Council for Refugees and was released from detention around 2 weeks later. On 24 November 2010 he requested the Ministry of Social Support to provide him accommodation or material and financial assistance. He received no response and became homeless, with no access to food, water or toilets.  He complained that Greece had violated Article 3 ECHR with respect to his conditions of detention, and his situation of destitution upon release, and that he was unable to challenge the legality of his detention contrary to Article 5(4).

Based on its previous case law on conditions of detention at Fylakio and Aspropyrgos during the period in question, reports by various international institutions,  the Court found that the applicant had been detained in inhuman and degrading conditions contrary to Article 3 ECHR. Similarly, shortcomings in domestic law with regard to the effectiveness of judicial review of detention pending deportation violated Article 5(4).

The Court relied on M.S.S. v. Belgium and Greece where it found a violation of Article 3 in relation to an asylum seeker living in a situation of extreme poverty. In the present case, it found that given the obligations of Greece under the Reception Conditions Directive, only a diligent examination of the applicant’s asylum claim could bring his situation to an end, and his claim was still pending three years after his claim was initially filed. It therefore found that the applicant found himself in a degrading situation contrary to Article 3, which was caused by the Greek authorities.

Based on an unofficial ELENA translation. 

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.

                                                     

 

Keywords: 
Detention
Effective access to procedures
Inhuman or degrading treatment or punishment
Return