Herman and Serazadishvili v. Greece

Court rulings

Type of violation

Detention type: Illegal Immigration Enforcement Department; Special Holding Facility for Aliens

Summary of case: 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 then Kordelio Illegal Immigration Enforcement Department (now Immigration Management Department) 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.

Related detention centre

Link to external source: https://www.asylumlawdatabase.eu/en/content/ecthr-herman-and-serazadishvili-v-greece-applications-nos-2641811-and-4588411#content

Supporting files