Mohamad v. Greece
Court Ruling- Court
- 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
- Year
- 2014
- Detention type
- Border Guard Department
- Summary of case
- Authorities arrested the applicant, an unaccompanied minor, for unauthorised entry into Greece and a Frontex officer incorrectly recorded his age, which rendered him an adult. At the direction of the prosecutor, the applicant was ordered to be removed to Turkey, which Turkish officials later rejected. The applicant was subsequently detained at Soufli Border Guard Department for five months. Despite communication from the Greek Council on Refugees, which highlighted the fact that the applicant was under eighteen years old, authorities failed to take any action. There were disputes as to whether the applicant received appropriate information regarding his detention and rights in a language he understood. The applicant only received medical examinations at the hospital after the age discrepancy was resolved. Despite correcting the age of the applicant to be a minor, authorities took no steps to place him in an appropriate facility as they returned the applicant to the adult detention centre. Once the applicant became an adult, Greek officials continued to detain him. Previous findings from the Court and the Committee for the Prevention of Torture determined the conditions at Soufli to be inhumane. Given the conditions at an inappropriate facility for minors and the lack of an effective remedy, the applicant’s experiences constituted a violation of Article 3, Article 5(1)(f) and Article 13 in conjunction with Article 3, but no violation of Article 5(2) and Article 5(4).
- Related detention centre
Supporting files
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