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On 26 May 2026, the Third Section of the European Court of Human Rights (ECtHR) delivered its judgment in J.B. v. Greece (Application no. 54796/16). The case concerns the potential return of the applicant from Greece to Türkiye under the EU-Türkiye Statement of 18 March 2016.

The applicant left Syria in April 2015 due to the armed conflict and alleged risks of persecution on account of his ethnic and religious background. He travelled to Türkiye, where he remained for approximately one year under temporary protection. In May 2016 he arrived in Greece, where he was arrested on grounds of unlawful entry. He applied for international protection claiming that he faced a risk of ill-treatment in Türkiye due to his Armenian origin and his Christian faith. His application for international protection was declared inadmissible on the basis that Türkiye constituted a “first country of asylum” or a “safe third country”, a decision upheld on appeal by the domestic authorities. The applicant complained before the ECtHR about deficiencies on the examination of his asylum application by the Greek authorities, as well as the risk he entailed if returned to Türkiye, including the chain refoulement to Syria, and about the conditions of his detention in Greece.

In regard to the complaint under Article 3 of the European Convention on Human Rights concerning the risk of ill-treatment upon removal, the Court found that since the applicant had in the meantime obtained refugee status in France, the risk of ill-treatment if returned to Türkiye and subsequently to Syria has ceased to exist. Therefore, it considered unjustified to continue the examination of that complaint.

In relation to Article 13 in conjunction with Article 3, the Court found that the applicant’s asylum claim had been examined through a multi-layered procedure before the asylum authorities and domestic courts, during which he was interviewed with interpretation, able to present his individual circumstances and challenge the application of the ‘’safe third country’’ concept. It also held that the authorities assessed both his personal situation and relevant country information concerning Türkiye through reports, statistics and objective material, including the alleged risk of onward refoulement to Syria and the assurances provided within the framework of the EU-Türkiye Statement. Therefore, the Court concluded that the Greek authorities could reasonably rely on those assurances and supporting material and that the applicant had been afforded effective safeguards against arbitrary removal contrary to Article 3, finding no violation of Article 13 in conjunction with Article 3.

Finally, regarding to the complaint under Article 3 ECHR concerning the conditions of detention pending removal, the Court reiterated that Greek police stations are facilities designed only for short periods of confinement and that detention therein for periods ranging from one to three months have consistently been found contrary to Article 3, particularly in view of deficiencies such as overcrowding, poor sanitary conditions and lack of outdoor exercise. Since the applicant had been detained in Mytilene police station for one month and nineteen days, the Court found that the conditions of his detention amounted to degrading treatment contrary to Article 3

On 23 April 2026, the Advocate General Emiliou delivered his opinion in Case C‑414/25 (Sedrata) following a request for a preliminary ruling by the Supreme Court of Cassation, Italy (Corte suprema di cassazione). The case concerned the compatibility of the Italian legislation implementing the Italy-Albania bilateral agreement, which allows the transfer of third-country nationals to facilities located in Albanian territory for the purposes of border and return procedures, with EU law, in particular with the provisions of Directive 2008/115/EC (the Return Directive) and of Directive 2013/32/EU (the recast Asylum Procedures Directive).

The Advocate General considered that the Return Directive does not, in principle, preclude national legislation permitting the transfer of third-country nationals to detention facilities located in a third State, provided that those facilities remain under the jurisdiction of the Member State concerned and that EU law continues to apply in full. However, he stressed that such arrangements are compatible with the Return Directive only insofar as they do not undermine its effectiveness or the rights it guarantees. In particular, the competent authorities must ensure access to legal assistance and communication with legal representatives and family members, guarantee that detention is ended without undue delay where the legal conditions are no longer met and comply with the specific safeguards applicable to children and other vulnerable persons. He further noted that the geographical location of detention facilities may require appropriate organisational and logistical measures to ensure that these guarantees are effectively secured in practice.

Furthermore, the Advocate General considered that Article 9 (1) of the rAPD does not, in principle, preclude national legislation allowing the detention of a third-country national subject to return procedures in facilities located in a third State, where that person lodges an application for international protection while being held there. He explained that EU law does not require Member States to organise border or return procedures exclusively within their territory. For that reason, the requirement that applicants must be allowed to “remain in the Member State” must be understood in a way that it covers situations falling under the jurisdiction of the Member State, even if they take place outside its physical territory. However, he stressed that this approach is only acceptable if the national legislation ensures full respect for the procedural guarantees laid down in the Directive, especially that applicants must have access to information and legal assistance, be able to participate effectively in the procedure and, where necessary, appear before the competent authorities, while also benefiting from the specific safeguards applicable to vulnerable persons. He also stressed that detention-related guarantees, including judicial review, must be fully respected.

Finally, the Advocate General emphasised that Member States cannot circumvent their obligations under EU law by transferring individuals to facilities outside their territory, and that they remain fully responsible for ensuring compliance with EU rules and fundamental rights, including those guaranteed by the Charter of Fundamental Rights of the European Union.