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18/01/2024
The ECtHR found Greece in violation of Articles 3 and 8, separately and jointly with Article 13 of the European Convention in a case concerning an unaccompanied minor from Sierra Leone who was accommodated in the vicinity of the Samos camp from 25 October 2019.
18/01/2024
The ECtHR found Greece in violation of Articles 3 and 8, separately and jointly with Article 13 of the European Convention in a case concerning an unaccompanied minor from Sierra Leone who was accommodated in the vicinity of the Samos camp from 25 October 2019.

ECLI
ECLI:CE:ECHR:2024:0118JUD001611220
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights (ECHR)
Reference
Council of Europe, European Court of Human Rights [ECtHR], T.K. v Greece, no 16112/20, ECLI:CE:ECHR:2024:0118JUD001611220, 18 January 2024. 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=4009
Case history
Other information

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.

Abstract

The case concerned an applicant from Sierra Leone, unaccompanied minor, who complained about the reception conditions in Samos, where he arrived on 25 October 2019. The applicant also raised the issue of the procedure of age assessment and the fact of not being appointed a legal guardian, thus not benefiting from procedural safeguards during the examination of his application for international protection.


The court found a violation of Article 3 and 8 of the Convention, because the Greek authorities did not demonstrate to have acted with the required diligence with regard to procedural safeguards for the age assessment and the appointment of a legal guardian. On the reception conditions in Samos, the court noted that, based on the evidence in the file and reports from civil society organisations, the applicant resided in the vicinity of the Samos camp from 25 October 2019 onwards and in view of his status of unaccompanied minors, these conditions amounted to a violation of Article 3 ECHR.


The court also ruled that there has been a violation of Article 13 in conjunction with Articles 3 and 8 due to a lack of effective remedy for the applicant to complain about the reception conditions and the lack of a legal guardian.


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
no 16112/20
Date of Decision
18/01/2024
Country of Origin
Sierra Leone
Keywords
Guardianship
Reception/Accommodation
Torture or inhuman or degrading treatment or punishment
Unaccompanied minors
Source
HUDOC