Council of Europe: European Court of Human Rights

The Court, based in Strasbourg, was set up as a result of the European Convention on Human Rights, created in 1950. This set out a catalogue of civil and political rights and freedoms. It allows people to lodge complaints against States which have signed up to the Convention for alleged violations of those rights. Although founded in 1950, the Court did not actually come into existence until 1959. It gained its present form as a single European Court of Human Rights when Protocol No. 11 to the ECHR took effect in 1998.

The Court is currently made up of 47 judges, one in principle for every State signed up to the Convention. They are elected by the Parliamentary Assembly of the Council of Europe and serve for six years. Judges sit on the Court as individuals and do not represent their country. Website: www.echr.coe.int/Pages/home.aspx?p=home

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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 \| Document type: Case Law \| 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
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 \| Document type: Case Law \| 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
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 \| Document type: Case Law \| 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
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 \| Document type: Case Law \| Legal Instrument: 1950 European Convention on Human Rights (ECHR) \| Topic(s): Access to procedures - Effective protection - Effective remedy - Registration \| Countries: Egypt - Greece - Sudan - Turkey
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 \| Document type: Case Law \| 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
Accompanied migrant minors in detention January 2018 \| Publisher: Council of Europe: European Court of Human Rights \| Document type: Case Law Compilations/Analyses
Unaccompanied migrant minors in detention January 2018 \| Publisher: Council of Europe: European Court of Human Rights \| Document type: Case Law Compilations/Analyses
S.G. c. Grèce 18 May 2017 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Legal Instrument: 1950 European Convention on Human Rights (ECHR) \| Topic(s): Asylum-seekers - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment \| Countries: Greece - Iran, Islamic Republic of
S.G. v. Greece 18 May 2017 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Legal Instrument: 1950 European Convention on Human Rights (ECHR) \| Topic(s): Asylum-seekers - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Reception \| Countries: Greece - Iran, Islamic Republic of
Qaateh and Others v. Greece 20 January 2017 \| Publisher: Council of Europe: European Court of Human Rights \| Document type: Legal Articles/Analyses/Commentaries

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