The case concerned the living conditions provided to the applicant, a woman form Ghana who arrived in Samos on 16 August 2019, while she was six months pregnant, with a medical history of miscarriages. She claimed that she was living in a tent outside the Samos Reception and Identification Centre (RIC) without access to adequate sanitary facilities. After her tent was destroyed, she moved into a new one within the premises of the RIC with inadequate sanitary facilities.

After violent clashes and fires in Samos, on 23 October 2019, the ECtHR granted the woman’s request for an interim measure and on 4 November 2019 she was hospitalised gave birth to her daughter on 7 November 2019. On 22 November 2019 she applied for international protection and she was transferred to the mainland on 10 March 2020.

The applicant complained about a violation of Articles 3 and 8 of the Convention due to inadequate living conditions.

The ECtHR noted the submissions made by UNHCR and Defence for Children International-Netherlands, as third-party interveners. It noted that the UNHCR had observed that there were 879 people living in containers in Samos in November 2019 and 5353 were living in tents and makeshift shelters, without designated areas for persons with special needs or for women with high-risk pregnancies. UNHCR highlighted the overcrowding, inadequate shelter, medical care, hygiene and sanitation, limited access to electricity and wash facilities. It also noted that flooding affected the tents and makeshift shelters. Defence for Children International-Netherlands submitted that the living conditions for pregnant women and children were in violation of respect for human dignity.

The court further noted the statement made by the Council of Europe Commissioner for Human Rights about conditions in Samos and the conclusions of the Greek National Commission for Human Rights after a monitoring visit.

The court also made reference to its previous case law concerning living conditions for pregnant women, namely Mahmundi and Others v. Greece (No 14902/10, 31 July 2012) and R.R. and Others v. Hungary (No 36037/17, 2 March 2021).

The court further observed that the applicant, while in an advanced stage of her pregnancy and in need of specialised care, resided at the Samos RIC for approximately two and a half months, and was subjected to treatment which exceeded the threshold of severity under Article 3 of the Convention. It thus concluded that there was a violation of Article 3 of the Convention.