S.D. v. Greece
Court Ruling- Court
- ECtHR
- Type of violation
- (Art. 3) Prohibition of torture
- (Art. 5) Right to liberty and security
- Year of detention
- 2007
- Year
- 2009
- Detention type
- Border Guard Department; Special Holding Facility for Aliens
- Summary of case
- According to Greek authorities, the applicant, a Turkish national, first sought asylum in Greece in 1990. That application was denied. Then, his asylum claim was also rejected in Germany. After four years in Germany, the applicant returned to Turkey with false documents. He then arrived in Greece for the second time in 2007 without authorisation and claimed asylum again, although authorities did not register his application. He fled Turkey after experiencing multiple arrests and torture due to his journalism and political opinion. In Greece, authorities detained the applicant in the Soufli Border Guard Department and the holding facility at the Petrou Ralli Aliens Directorate in Athens (now the Petrou Ralli Pre-Removal Detention Centre). After multiple arrests, deportation orders and asylum requests, the administrative court finally released him on the basis of his objections to detention as his asylum application was pending. Given the applicant had previously suffered trauma from torture, the severe restrictions to outdoor access, a telephone and clean essential supplies constituted inhumane and degrading treatment. The Court also factored in the applicant’s late release and the inability to challenge his detention under Greek law. As a result, the Court found a violation of Article 3, Article 5(1) and Article 5(4).
- Related detention centre
Supporting files
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2 relationships, 2 entities