Case Law

The case concerned the conditions of detention of Syrian, Afghan and Palestinian nationals in the “hotspots” of Vial and Souda (Greece), and the lawfulness of their detention in those camps. The Court considered that the authorities had done all that could reasonably be expected of them in the Vial camp to meet the obligation to provide care and protection to unaccompanied minors. The other applicants had been transferred immediately – or within ten days – from the Vial camp to the Souda camp. The Court also held that the conditions of detention in the Souda camp did not amount to inhuman or degrading treatment. The Court reiterated its previous finding that a period of one month’s detention in the Vial camp should not be considered excessive, given the time needed to comply with the relevant administrative formalities. In addition, the length of the applicants’ detention once they had expressed their wish to apply for asylum had been relatively short. In contrast, the applicants, who did not have legal assistance, had not been able to understand the content of the information brochure; in particular, they were unable to understand the material relating to the various appeal possibilities available under domestic law.

3 October 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Legal representation / Legal aid - Right to liberty and security | Countries: Afghanistan - Greece - Palestine, State of - Syrian Arab Republic

12 January 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Border controls - Effective remedy - Grounds for persecution - Refugee status determination (RSD) / Asylum procedures | Countries: Djibouti - Eritrea - Ukraine

20 October 2016 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Access to procedures | Countries: Ghana - Ireland

24 March 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Illegal entry | Countries: Afghanistan - Greece

4 August 2015 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Access to procedures - Burden-sharing and international co-operation - Regional instruments | Countries: Belgium - Germany - Romania - Syrian Arab Republic

27 April 2015 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Access to procedures - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Regional instruments | Countries: Belgium - Iraq - Italy

24 February 2015 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Topic(s): Access to procedures - Border crossers - Expulsion - Illegal immigrants / Undocumented migrants - Immigration Detention - Refugee status determination (RSD) / Asylum procedures - Regional instruments - Rejection at border - Rescue at sea / Interception at sea | Countries: Italy - Nigeria

10 February 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Expulsion - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Terrorism | Countries: Afghanistan - Romania

21 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Refoulement - Rescue at sea / Interception at sea | Countries: Afghanistan - Eritrea - Greece - Italy - Sudan