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14/01/2021
ECtHR found that a detained applicant did not benefit from a sufficiently thorough assessment of the lawfulness of his detention.

ECLI
Input Provided By
EUAA IDS
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Council of Europe, European Court of Human Rights [ECtHR], E.K. (Turkey) v Greece, application no. 73700/13, 14 January 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1480
Case history
Other information
Abstract

According to ECtHR Press Release:


"The applicant, Mr E.K., is a Turkish national who was born in 1985. On 19 June 2013 Mr E.K., who had entered the country illegally, was arrested by officers from the Soufli border post and brought before the prosecutor at the Alexandroupolis Criminal Court, which imposed a two-yearsuspended prison sentence. On 21 June 2013 he was placed in pre-trial detention, for an initial duration of three days, with a view to his deportation from the country. While in detention he submitted an asylum claim, which was transferred to the Attica regional asylum services on 22 June 2013. On the same day the head of the Alexandroupolis police force decided to extend E.K.’s detention pending the decision on his asylum claim, for an initial maximum period of 90 days after submission of that claim. On 26 June 2013 E.K.’s detention was extended on the grounds that he was likely to abscond, for a maximum period of six months. E.K. was then transferred, first to the premises of the Feres border post, then to the premises of the Attica sub-directorate for aliens, where it was decided on 23 July 2013 to extend his detention for a period of 90 days; he was notified of that decision “in Syrian”, a language that he did not understand. On the same date, this decision was amended in order to reflect the new duration of his detention, now limited to six months, and his asylum interview took place. Mr E.K. was then transferred to the Amygdaleza detention centre. On 31 July 2013 E.K. challenged the decision of 26 June 2013 before the Piraeus Administrative Court, but subsequently withdrew that appeal. On 1 August 2013 he challenged the decision of 26 June 2013 before the Athens Administrative Court of First Instance, which dismissed his appeal on the grounds that detention was necessary for speedy and effective examination of the asylum claim and to prevent him from absconding. Shortly afterwards E.K. challenged the decisions of 23 July 2013 and 21 June 2013 before the Athens Administrative Court. He also complained about his conditions of detention. His appeals were rejected. On 10 December 2013 E.K. was granted refugee status and was released three days later.


The case concerned the applicant’s conditions of detention in the Soufli and Feres border posts, the Attika Sub-Directorate for Aliens (Petrou Ralli) and the Amygdaleza Detention Centre, the lawfulness of his detention, and whether the review of the lawfulness of that detention had been effective.


The Court found in particular that the applicant’s conditions of detention had not been contrary to the Convention in any of the establishmentsin which the applicant had been detained, with reference, in particular, to several reports by international organisations having visited them. The Court considered that the applicant’s detention had not been arbitrary and had been “lawful”. The Court noted, however that the applicant had not benefited from a sufficiently thorough assessment of the lawfulness of his detention."


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
application no. 73700/13
Date of Decision
14/01/2021
Country of Origin
Türkiye
Keywords
Detention/ Alternatives to Detention
Return/Removal/Deportation
Torture or inhuman or degrading treatment or punishment
Other Source/Information
https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-207546%22]}