O.S.A. and Others v. Greece concerned the conditions of detention of the applicants, Afghan nationals, in the Vial centre on the island of Chios (Greece), and the issues of the lawfulness of their detention, the courts\u2019 review of their case, and the information provided to them.
\nThe Court held that there had been a violation of Article 5 \u00a7 4 (right to a speedy decision on the lawfulness of detention) of the Convention. It considered in particular 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.<\/p>\n
Kaak and Others v. Greece concerned the conditions of detention of Syrian, Afghan and Palestinian nationals in the \u201chotspots\u201d of Vial and Souda (Greece), and the lawfulness of their detention in those camps. The applicants complained in particular about a lack of free legal aid and the fact that there was no administrative court on Chios, which, in their view, rendered any complaints about their detention impossible in practice, and consequently arbitrary.<\/p>\n
The Court held that there had been a violation of Article 5 \u00a7 4 (right to a speedy decision on the lawfulness of detention) and no violation of Article 5 \u00a7 1 (right to liberty and security) of the Convention. It reiterated in particular its previous finding that a period of one month\u2019s detention in the Vial camp should not be considered excessive,\u00a0given the time needed to comply with the relevant administrative formalities. In addition, the length of the applicants\u2019 detention once they had expressed their wish to apply for asylum had been relatively short. In contrast, the applicants, who did not have legal assistance, had not been able to understand the content of the information brochure; in particular, they were unable to understand the material relating to the various appeal possibilities available under domestic law.<\/p>\n
E.K. v. Greece 2021 case concerned the conditions of detention of the applicant, a Turkish national, in the Soufli and Feres border posts, the Attika Sub-Directorate for Aliens (Petrou Ralli) and the Amygdaleza Detention Centre, the lawfulness of his detention, and whether the review of the lawfulness of that detention had been effective.<\/p>\n
The Court held that there had been a violation of Article 5 \u00a7 4 (right to a speedy decision on the lawfulness of detention) of the Convention, finding that the applicant had not benefited from a sufficiently thorough assessment of the lawfulness of his detention to highlight the remedies and other channels provided under domestic law and case-law. That had been particularly true with regard to the complaints concerning his conditions of detention, in which connection the Court had found violations on several occasions in other cases.<\/p>\n
The Court held, however, that there had been no violation of Article 3 (prohibition of inhuman or degrading treatment) of the Convention in the present case, finding that the applicant\u2019s conditions of detention had not been contrary to the Convention in any of the establishments in which he had been detained, with reference, in particular, to several reports by international organisations having visited them. The Court also held that there had been no violation of Article 5 \u00a7 1 (right to liberty and security) of the Convention, finding that the applicant\u2019s detention had not been arbitrary and had been \u201clawful\u201d.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Deprivation of Liberty Khlaifia and Others v. Italy This case concerned the detention in a reception centre on Lampedusa and subsequently on ships moored in Palermo harbour, as well as the repatriation to Tunisia, of clandestine migrants who had landed on the Italian coast in 2011 during the events linked to the \u201cArab Spring\u201d. The […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[344],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22673"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=22673"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22673\/revisions"}],"predecessor-version":[{"id":23567,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22673\/revisions\/23567"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22673"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22673"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22673"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}