R.T. v. Greece
Νομολογία- Δικαστήριο
- ECtHR
- Type of violation
- (Art. 13) Right to an effective remedy
- (Art. 3) Prohibition of torture
- (Art. 5) Right to liberty and security
- Year of detention
- 2010
- Χρονιά
- 2016
- Τύπος κράτησης
- Police station or jail
- Περίληψη της υπόθεσης
- The applicant, an Iranian national of Kurdish ethnicity, had fled Iran at a young age because of his father’s political activities and became part of a UNHCR protection programme upon arrival in Iraq. After entering Greece in 2010, authorities arrested the applicant for unauthorised entry and detained him at the Tychero Police and Border Guard Station. In early November 2010, the applicant received an expulsion order to Turkey and remained in detention due to the determination that he presented a flight risk. Later that month, he applied for asylum. A few months later, in January 2011, the applicant lodged complaints under Article 3 and Article 5 regarding the conditions at Tychero and the legality of his detention. The administrative court rejected his concerns. Through an administrative error, authorities then deported the applicant to Turkey. Greek authorities proceeded with his expulsion without checking on the applicant’s pending asylum application. Turkish officials subsequently returned him to Greece as the applicant could not be properly identified. He remained at the Tychero detention facility. Soon after, the applicant raised concerns about his detention and deportation order back to Iran while asking to travel back to Iraq for his five-year-old son’s funeral. Officials granted his request—with the applicant having to leave Greece within thirty days—and denied his asylum application. Relying on recent rulings and reports from national and international bodies, the Court decided there was a violation of Article 3, Article 13 in conjunction with Article 3, and Article 5(4), but no violation of Article 5(1).
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