Title AFFAIRE KAAK ET AUTRES c. GRÈCE (Requête no 34215/16)
Publisher Council of Europe: European Court of Human Rights
Publication Date 3 October 2019
Country Afghanistan | Greece | State of Palestine | Syrian Arab Republic
Topics Access to procedures | Arbitrary arrest and detention | Freedom from torture, inhuman and degrading treatment | Legal representation / Legal aid | Right to liberty and security
Other Languages / Attachments Press release EN
Cite as AFFAIRE KAAK ET AUTRES c. GRÈCE (Requête no 34215/16), Council of Europe: European Court of Human Rights, 3 October 2019, available at: https://www.refworld.org/cases,ECHR,5d974f934.html [accessed 19 May 2023]
Comments 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.
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