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

27 January 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Arbitrary arrest and detention - Effective remedy - Freedom from torture, inhuman and degrading treatment - Legal representation / Legal aid | Countries: Uzbekistan

5 December 2016 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Juvenile justice system - Legal representation / Legal aid - Rule of law / Due process / Procedural fairness | Countries: Russian Federation

18 April 2016 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Immigration law - Legal representation / Legal aid | Countries: United Kingdom of Great Britain and Northern Ireland

15 December 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Legal representation / Legal aid | Countries: United Kingdom of Great Britain and Northern Ireland

15 July 2014 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Access to procedures - Equality before the law - Legal representation / Legal aid - Rule of law / Due process / Procedural fairness | Countries: United Kingdom of Great Britain and Northern Ireland

13 July 2014 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Legal representation / Legal aid | Countries: United Kingdom of Great Britain and Northern Ireland

15 June 2012 | Judicial Body: Austria: Constitutional Court of Austria (Verfassungsgerichtshof) | Topic(s): Legal representation / Legal aid | Countries: Austria - Mongolia