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21/03/2019
ECHR on detention and access to remedies by which to challenge an expulsion decision in the Vial centre

ECLI
ECLI:CE:ECHR:2019:0321JUD003906516
Input Provided By
EUAA IDS
Source
HUDOC
Other Source/Information:
ECHR Press Release
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
European Convention on Human Rights;
Reference
Council of Europe, European Court of Human Rights [ECtHR], O.S.A. and Others v Greece, no 39065/16, ECLI:CE:ECHR:2019:0321JUD003906516, 21 March 2019. 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=605
Case history
Related cases:
Abstract
The European Court of Human Rights held, unanimously, that there had been: a violation of Article 5 § 4 (right to a speedy decision on the lawfulness of detention) of the European Convention on Human Rights, and no violation of Article 3 (prohibition of inhuman or degrading treatment). The case concerned the applicants’ conditions of detention in the Vial centre on the island of Chios, and the issues of the lawfulness of their detention, the courts’ review of their case, and the information provided to them. The Court considered that, in view of the circumstances, the applicants had not had access to remedies by which to challenge the decisions ordering their expulsion and the extension of their detention. The applicants were Afghan nationals who understood only Farsi and they had had no lawyers to assist them. The documents issued to them by the authorities had been written in Greek and had not specified which administrative court had jurisdiction. As in the case of J.R. and Others v. Greece (no. 22696/16), the Court held that the applicants’ detention had nevertheless been lawful and that the threshold of seriousness for it to be characterised as inhuman or degrading treatment had not been attained.
Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
no 39065/16
Date of Decision
21/03/2019
Country of Origin
Keywords
Detention/ Alternatives to Detention
Reception/Accommodation