The case concerned an Afghan family, mother father and a one-year baby, vulnerable and residing in the Lesvos Closed Control Access Center in Greece. The mother suffers of Hepatitis B and the local hospital has requested in February 2023 to be urgently transferred to Athens for medical examination and treatment to prevent deterioration of her health condition and the spread of the disease to her baby. The authorities allegedly refused the transfer because their asylum application was rejected as inadmissible based on the fact that Türkiye is considered a safe third country.

The father has been diagnosed with PTSD as a result of alleged family member brutal killings by the Taliban and suffers from a series of neurological and physical health problems. The daughter is always sick and shows aggression and signs of resignation syndrome. However, due to the discontinuation of their social security, the family cannot access healthcare.

The applicants reside in the camp under a tolerance regime by the CCAC authorities, in precarious conditions, as they do not have access to nutrition appropriate for their health problems, they no longer receive hygiene items such as cleaning products and diapers due to the discontinuation of their cash assistance.

The ECtHR adopted interim measures and ordered the Greek authorities under Rule39 of the Rules of the Court:

• “a) the immediate transfer of the applicants to adequate medical treatment in Athens, compatible with their state of health,
• b) the accommodation of the applicants in living conditions that respect human dignity and that take into consideration their multiple vulnerabilities and
• c) the full access of the applicants to reception conditions appropriate to their state of health, including social security, appropriate nutrition and hygiene items and cash assistance.”