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18/01/2024
The ECtHR found Greece in violation of Article 3 of the Convention for the situation faced by three Afghan nationals, vulnerable applicants, in the Idomeni camp between March and May 2016.
18/01/2024
The ECtHR found Greece in violation of Article 3 of the Convention for the situation faced by three Afghan nationals, vulnerable applicants, in the Idomeni camp between March and May 2016.

ECLI
ECLI:CE:ECHR:2024:0118JUD001395816
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], A.I. v Greece, No 13958/16, ECLI:CE:ECHR:2024:0118JUD001395816, 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=4010
Case history
Other information
Abstract

The case concerned three Afghan applicants, a father and his two minor children who were registered at the Fylakio Reception and Identification Centre (RIC), Evros on 25 February 2016. The first applicant was suffering from a cyst on his hip and underwent surgery for this. The applicants left the RIC on 2 March 2016 and went to Idomeni camp, where they stayed between March and May 2016. On 12 October 2018, they applied for international protection and on 22 April 2020 they were recognised as refugees.


They complained of a violation of Article 3 due to the reception conditions in the Idomeni camp and of a violation of Article 3 jointly with Article 13 for alleged shortcomings in the asylum procedure. The court noted that according to the report published on 26 April 2016 after the visit of the Special Representative of the General Secretary of the Council of Europe on Migration and Refugees at Idomeni site in March 2016, there were concerns expressed regarding the situation of more than 13,000 persons gathered in the area. The court took into consideration the vulnerability of the first applicant in view of his medical condition, along with the extreme vulnerability of the children, which the court considered a decisive factor in the assessment. The court concluded that the reception conditions of the applicant in Idomeni camp and the situation complained of exceeded the threshold of severity required for a violation of Article 3 ECHR.


On the alleged shortcomings on the asylum procedure, the court rejected it as manifestly unfounded as it found that the applicant did not prove that the mode of submission of asylum applications was limited to Skype.


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
No 13958/16
Date of Decision
18/01/2024
Country of Origin
Afghanistan
Keywords
Reception/Accommodation
Torture or inhuman or degrading treatment or punishment
Vulnerable Group
Source
Hudoc