Case Law
- Austria: Constitutional Court of Austria (Verfassungsgerichtshof) 1
- Belgium: Conseil du Contentieux des Etrangers 1
- Canada: Federal Court 1
- Council of Europe: European Court of Human Rights 73
- European Union: Court of Justice of the European Union 5
- France: Conseil d'Etat 1
- Germany: Bundesverfassungsgericht 1
- Germany: Verwaltungsgericht 1
- Greece: Administrative Court (First Instance) of Athens 2
- Greece: Council of State 31
- Greece: Courts of Appeal 3
- Greece: Criminal Courts (First Instance) 5
- Greece: Supreme Court 5
- International Commission of Jurists (ICJ) 1
- Ireland: High Court 1
- Switzerland: Commission suisse de recours en matière d'asile 1
- UN Committee Against Torture (CAT) 1
- UN Human Rights Committee (HRC) 2
- United Kingdom: High Court (England and Wales) 3
- United Kingdom: House of Lords (Judicial Committee) 1
- United States Supreme Court 1
- Access to procedures 10
- Appeal / Right to appeal 1
- Arbitrary arrest and detention 7
- Asylum policy 2
- Asylum-seekers 11
- Burden-sharing and international co-operation 2
- Changes of circumstances in home country 1
- Children's rights 1
- Country of origin information (COI) 1
- Criminal justice 4
- Decision on admissibility 4
- Deportation / Forcible return 14
- Diplomatic asylum 1
- Discrimination based on race, nationality, ethnicity 2
- Drug trafficking 1
- Effective protection 1
- Effective remedy 15
- Evidence (including age and language assessments / medico-legal reports) 1
- Exhaustion of domestic remedies 3
- Expulsion 16
- False documents 2
- Foreign occupation 1
- Freedom from torture, inhuman and degrading treatment 35
- Freedom of movement 1
- Freedom of religion 2
- Habeas corpus 2
- Housing, land and property rights (HLP) 1
- Human rights law 1
- Illegal entry 16
- Illegal immigrants / Undocumented migrants 2
- Immigration Detention 27
- Immigration law 1
- International Covenant on Civil and Political Rights (ICCPR) 1
- Kurd 2
- Legal representation / Legal aid 1
- Migrants 1
- Naturalization 1
- Non-refoulement 9
- Palestinian 2
- Persecution based on political opinion 1
- Police 1
- Prison or detention conditions 23
- Prostitution / Commercial sex work 1
- Protests / Demonstrations / Riots / Civil unrest 1
- Public health 1
- Racial / Ethnic persecution 1
- Reception 8
- Refoulement 7
- Refugee status determination (RSD) / Asylum procedures 1
- Refugees 3
- Regional instruments 4
- Registration 1
- Rejected asylum-seekers 1
- Rescue at sea / Interception at sea 1
- Residence permits / Residency 2
- Right to family life 5
- Right to justice 3
- Right to liberty and security 17
- Right to life 1
- Right to seek asylum 2
- Rights of non-citizens 1
- Roma 1
- Rule of law / Due process / Procedural fairness 5
- Safe third country 15
- Single procedure 10
- Statelessness 1
- Survivors of trafficking / Persons at risk of trafficking 1
- Suspensive effect 2
- Temporary admission 1
- Temporary protection 1
- Terrorism 1
- Threats / Intimidation 1
- Torture 1
- Trafficking in persons 1
- Transit 2
- Treaties / Agreements / Charters / Protocols / Conventions / Declarations 1
- Unaccompanied / Separated children 4
- Witnesses 2
- Women-at-risk 2
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AFFAIRE KAAK ET AUTRES c. GRÈCE (Requête no 34215/16)
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 |
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H.A. et autres c. Grece (application no. 19951/16)
The case concerns the arrest of the applicants, nine unaccompanied minors, and their placement in different police stations in northern Greece and in the Diavata centre. The Court found violations of articles 3 on the prohibition of inhuman or degrading treatment (no violation on living conditions), violation of article 13 on the right to an effective remedy and a violation of article 5 (1) and (4) on the right to liberty and security, right to a speedy decision on the lawfulness of a detention measure. 28 February 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security - Unaccompanied / Separated children | Countries: Greece - Iraq - Morocco - Syrian Arab Republic |
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Decisions 20802/25.9.2018 and 20898/26.9.2018 of the 9th Independent Appeals Committee (administrative body, second instance)
25 September 2018 | Judicial Body: Greece: Administrative Court (First Instance) of Athens | Topic(s): Deportation / Forcible return - Foreign occupation - Safe third country | Countries: Greece - Syrian Arab Republic - Turkey |
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CASE OF S.Z. v. GREECE (Application no. 66702/13)
violation of articles 3 and 5 21 June 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Expulsion - False documents - Freedom from torture, inhuman and degrading treatment - Right to liberty and security | Countries: Greece - Syrian Arab Republic |
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Arrêt n° 205 104
8 June 2018 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Belgium - Greece - Palestine, State of |
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Decision 805/2018
This is a summary in English provided by UNHCR Athens. 17 April 2018 | Judicial Body: Greece: Council of State | Topic(s): Freedom of movement | Countries: Greece |
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AFFAIRE A.E.A. c. GRÈCE (Requête no 39034/12)
The possibility of introducing an asylum claim is a conditio sine qua non for the effective protection of persons in need of international protection. If authorities do not guarantee unhindered access to the asylum procedure, asylum-seekers can not make use of the procedural rights foreseen within the asylum procedure and are at risk of being arrested at any time. Hence even if the asylum procedure offers effective safeguards, these are of no use if, as in the present case, the asylum claim is not registered for a long period of time. [85] violation of article 13 (effective remedy) in combination with article 3 ECHR. 15 March 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Effective protection - Effective remedy - Registration | Countries: Egypt - Greece - Sudan - Turkey |
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J.R. and Others v. Greece (AFFAIRE J.R. ET AUTRES c. GRÈCE)
The Court found in particular that the applicants had been deprived of their liberty for their first month in the centre, until 21 April 2016 when it became a semi-open centre. The Court was nevertheless of the view that the one-month period of detention, whose aim had been to guarantee the possibility of removing the applicants under the EU-Turkey Declaration, was not arbitrary and could not be regarded as “unlawful” within the meaning of Article 5 § 1 (f). However, the applicants had not been appropriately informed about the reasons for their arrest or the remedies available in order to challenge that detention. 25 January 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security | Countries: Afghanistan - Greece |
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Verwaltungsgericht Düsseldorf
10 November 2017 | Judicial Body: Germany: Verwaltungsgericht | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Reception | Countries: Germany - Greece |
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Joint decisions 2347/2017 and 2348/2017
This is a summary in English provided by UNHCR Athens. 22 September 2017 | Judicial Body: Greece: Council of State | Topic(s): Non-refoulement - Safe third country | Countries: Greece |
