The applicant, an undocumented Sierra Leonean national claiming to be a minor, arrived on the island of Samos on 25 October 2019, where he was registered by the camp authorities as an adult.

In February 2020, the applicant produced a copy of his birth certificate attesting to his minority, which, according to the authorities, could only be considered after the registration of his asylum application, which took place on 4 March 2020 at the Samos Regional Asylum Office. The authorities questioned the reliability of the certificate, arguing that it was neither officially translated into Greek nor legalised, and referred the applicant to an age assessment procedure that took over a year to be completed. The applicant was recognised as a minor on 11 June 2021 and was granted refugee status shortly thereafter.

The applicant complained before the European Court of Human Rights (ECtHR or the court), submitting that he had been deprived of the procedural safeguards to which he was entitled under Article 8 of the European Convention on Human Rights (ECHR), in particular the appointment of a representative. He further argued that, as an unaccompanied minor, he had been subjected to reception conditions in breach of Article 3 ECHR, and that he had no effective remedy in respect of these complaints, in violation of Article 13 of the same Convention.

He submitted that he received no support from the authorities and was initially given only a mat to sleep on, until he was provided with a tent by an NGO, which he shared with 2 adults in the outskirts of the camp. He described the living conditions as deplorable, citing dirt, overcrowding, and a lack of sanitation, water, and food. He further claimed to suffer from psychological distress, which the authorities failed to address despite repeated requests for assistance.

Drawing on the principles laid down in Darboe and Camara v Italy (5797/17, 21 July 2022), the court noted that the authorities, who had initially registered the applicant as an adult, failed to duly take into account the birth certificate subsequently produced by him. It further observed that the age assessment procedure was delayed without justification and that the authorities treated the applicant as an adult for a significant period, thereby depriving him of procedural safeguards, including the appointment of a guardian, and subjecting him to reception conditions in and around the Samos camp that amounted to degrading treatment contrary to Article 3 of the Convention. Finally, the court held that there had been a violation of Article 13 in conjunction with Articles 3 and 8 of the ECHR due to the lack of an effective remedy enabling the applicant to complain about his reception conditions and the absence of a legal guardian.

Information on execution of T.K. v Greece (No 16112/20): Action Plan (30/04/2024) communicated by Greece to the Committee of Ministers available here.