ECtHR - A.F. v. Greece, Application No. 53709/11
| Country of applicant: | Iran |
| Court name: | First Section; European Court of Human Rights |
| Date of decision: | 07-10-2013 |
| Citation: | Application No. 53709/11 |
Keywords:
| Keywords |
|
Detention
Description
"Restriction on freedom of movement through confinement that is ordered by an administrative or judicial authority(ies) in order that another procedure may be implemented. In an EU asylum context, this means confinement of an asylum seeker by a Member State within a particular place, where the applicant is deprived of his or her freedom of movement. This may occur during any stage of or throughout the asylum process, from the time an initial application is made up to the point of removal of an unsuccessful asylum seeker. In an EU Return context, Member States may only detain or keep in a detention facility a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when: (a) there is a risk of absconding; or (b) the third-country national concerned avoids or hampers the preparation of return or the removal process. Any detention shall be for as short a period as possible and only maintained as long as removal arrangements are in progress and executed with due diligence." |
Headnote:
Detention conditions for asylum seekers in Greece tantamount to a violation of Article 3 ECHR, in particular due to overcrowding.
Facts:
The Applicant is an Iranian national who lived in Athens when the application was lodged. At the time of the judgment, he lived in the United Kingdom, where he had applied for asylum. He entered Greece in 2010 and was arrested at the border. His removal was ordered, but it could not be carried out. He was kept in detention from October 2010 until January 2011 in the premises of the border police. In this time, he filed an asylum application, but the police rejected it. After being released, he left for the UK at an unspecified date.
Relying on Article 3, he complained of the conditions of detention in the premises of the border police. He pointed in particular to overcrowding, deficient hygienic conditions, impossibility to exercise and limited access to medical care.
Decision & reasoning:
The Court found a violation of Article 3 owing to the absence of sufficient space for the detainees in the border facility where the Applicant was held. This had been alleged by the Applicant and confirmed by international reports, while the Greek government, having admitted that the facility in question was not adequate for long periods of detention, had not brought before the Court any elements to contradict such findings.
Outcome:
The Court found a violation of Article 3 and granted 8,000 Euros in compensation for non-pecuniary damage.
Relevant International and European Legislation:
Cited National Legislation:
Cited Cases:
| Cited Cases |
| ECtHR - Shamayev v Georgia (April 2005) (Application no. 36378/02) |
| ECtHR - Kudla v Poland [GC], Application No. 30210/96 |
| ECtHR - Dougoz v. Greece, Application No. 40907/98 |
| ECtHR - Iatridis v. Greece [GC], Application No. 31107/96 |
| ECtHR - Sejdovic v. Italy [GC], Application No. 56581/00 |
| ECtHR - Labita v. Italy [GC], Application No. 26772/95 |
| ECtHR - Akdivar v Turkey, Application No. 21893/93 |
| ECtHR - Remli v. France, Application No. 16839/90 |
| ECtHR - Selmouni v. France [GC], Application No. 25803/94 |
| ECtHR - Ananyev et al. Russia, Application Nos. 42525/07 and 60800/08 |
| ECtHR - Alver v Estonia, Application No. 64812/01 |
Follower Cases:
Other sources:
- European Committee for the Prevention of Torture and Inhuman or Degrading Treatment (CPT) report of 10 January 2012, following the visit of 19 to 27 January 2011;
- Report of the National Commission on Human Rights and the Ombudsman after visit from March 18 to 20, 2011;
- Report of the Special Rapporteur of the UN on torture and other cruel treatment or inhuman or degrading punishment following visit from 10 to 20 October 2010;
- 2012 ProAsyl report "Walls of Shame"