EIT katsoi turvapaikkaa hakeneiden afgaanilasten olot Kreikassa epäinhimillisiksi ja halventaviksi

13.6.2019 | Oikeusuutiset

Markku Fredman

In today’s Chamber judgment in the case of Sh.D. and Others v. Greece, Austria, Croatia, Hungary,
North Macedonia, Serbia and Slovenia (application no. 14165/16) concerning the living conditions
in Greece of five unaccompanied migrant minors from Afghanistan, the European Court of Human
Rights, unanimously:

  •  declared the complaints against Austria, Croatia, Hungary, North Macedonia, Serbia and Slovenia
    inadmissible as being manifestly ill-founded;
  • declared the complaints against Greece under Articles 3 and 5 § 1 of the European Convention on
    Human Rights admissible;
  • held that there had been:

A violation of Article 3 (prohibition of inhuman or degrading treatment) of the European
Convention. Firstly, the Court held that the conditions of detention of three of the applicants in
various police stations amounted to degrading treatment, observing that being detained in these
places was liable to arouse in the persons concerned feelings of isolation from the outside world,
with potentially negative repercussions on their physical and mental well-being. Secondly, the Court
held that the authorities had not done all that could reasonably be expected of them to fulfil the
obligation to provide for and protect four of the applicants, who had lived for a month in the
Idomeni camp in an environment unsuitable for adolescents. That obligation was incumbent on the
Greek State with regard to persons who were particularly vulnerable because of their age.

A violation of Article 5 § 1 (right to liberty and security) with regard to three applicants. The Court
held that the placement of these three applicants in the police stations amounted to a deprivation of
liberty as the Greek Government had not explained why the authorities had first placed the
applicants in police stations – and in degrading conditions of detention – rather than in alternative
temporary accommodation. The detention of those applicants had therefore not been lawful.

Press release