Herman and Serazadishvili v. Greece

Νομολογία

Type of violation

Τύπος κράτησης: Police detention centre; police station or jail; pre-removal detention centre

Περίληψη της υπόθεσης: Greek authorities arrested the two applicants, an Indonesian and Georgian national, who did not have valid residence permits. Both were detained pending deportation and their asylum applications and appeals against detention were denied. The first applicant was released after four months at Kordelio Border Guard Station and two months at Petrou Ralli Pre-Removal Detention Centre (Tavros). The second applicant was released from the Thessaloniki Aliens Police Directorate Holding Facility only after a court order. Both applicants claimed inhumane detention conditions, unlawful detention, and a lack of effective judicial review. Since there was contact with Georgian authorities, the Court ruled that there was no violation of Article 5(1)(f) for the second applicant. However, the Court determined that both applicants suffered a violation of Article 3 based on the severely inadequate conditions of detention, which were corroborated by reports from Amnesty International, the Committee for the Prevention of Torture, and the UNHCR. The Court also found a violation of Article 5(4) for both applicants given the limited domestic judicial powers to review the lawfulness of their detention.

Σχετικό κέντρο κράτησης

Σύνδεση με εξωτερική πηγή: https://www.asylumlawdatabase.eu/en/content/ecthr-herman-and-serazadishvili-v-greece-applications-nos-2641811-and-4588411#content

Υποστηρικτικά αρχεία