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15/03/2018
ECHR rules on access to procedure in the light of art.3 and 13 of ECHR

ECLI
ECLI:CE:ECHR:2018:0315JUD003903412
Input Provided By
EUAA IDS
Source
HUDOC ECHR
Other Source/Information:
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], A.E.A. (Sudan) v Greece, Application no. 39034/12 , ECLI:CE:ECHR:2018:0315JUD003903412, 15 March 2018. 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=91
Case history
Related cases:
Abstract

When a Sudanese applicant arrived in Greece in 2009, an automatic expulsion order was issued, preventing him from having access to the asylum procedure. His application was finally registered in 2012 but rejected a year later, so he left to France. The Court ruled that the possibility to lodge an asylum application in practice is a prerequisite for the effective protection of those in need of international protection. If access to the asylum procedure is not guaranteed by the national authorities, asylum seekers cannot benefit from the procedural safeguards and can be arrested and placed in detention at any time. Lack of access to the asylum procedure due to the deficiencies in Greek asylum system violated the applicant’s fundamental rights. The fact that he left Greece for France cannot affect the situation.

Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
Application no. 39034/12
Date of Decision
15/03/2018
Country of Origin
Sudan
Keywords
Access to procedures
Detention/ Alternatives to Detention
Reception/Accommodation