In view of the above, the European Court of Human Rights has granted interim measures, pursuant to
Rule 39 of the Rules of the Court, with regards to reception conditions in the Closed Controlled Access
Centers (CCACs) in Samos and Kos. More specifically:
❖ In September 2023, the European Court of Human Rights (ECtHR) granted interim measures in
a case concerning a single mother residing at the Samos CCAC along with her six-month old
baby with a serious heart condition, ordering the Greek Government to ensure that the baby will
be provided with medical treatment and that both the baby and mother will be provided with
suitable accommodation.234
❖ On 12 December 2023, the European Court of Human Rights (ECtHR) has granted Interim
Measures with regards to two Afghan women and their five minor children, residing at the Closed
Controlled Access Centre (CCAC) of Kos in absolutely inadequate conditions, ordering the Greek
authorities to ensure that the Applicants "have full access to reception conditions which respect
human dignity and take into account their multiple vulnerabilities. 235
Οn 5 February 2024, the European Court of Human Rights granted Interim Measures with regards to a
single woman asylum applicant and her infant child, who resided in inhuman conditions in the Samos
Closed Controlled Access Centre (CCAC) ordering Greek authorities to provide her with safe and suitable
accommodation.236
Hotspot transformation following the EU-Türkiye statement
In March 2016, the adoption of the highly controversial EU-Türkiye Statement, committing ‘to end the
irregular migration from Türkiye to the EU’, 237 brought a transformation of the so-called hotspots on the
Aegean islands.238
With the launch of the EU-Türkiye Statement, hotspot facilities turned into closed detention centres.
People arriving after 20 March 2016 through the Aegean islands, and thus subject to the EU-Türkiye
Statement, were automatically de facto detained within the premises of the hotspots in order to be
readmitted to Türkiye in case they did not seek international protection or their applications were rejected,
either as inadmissible under the Safe Third Country or First Country of Asylum concepts, or on the
merits.239 Following criticism by national and international organisations and actors, and due to the limited
capacity to maintain and run closed facilities on the islands with a high number of people, the practice of
blanket detention was largely abandoned from the end of 2016 onwards. It has been replaced by a
practice of systematic geographical restriction, i.e., an obligation not to leave the island and reside at the
hotspot facility, which is imposed indiscriminately to every newly arrived person (see Freedom of
Movement).
234
235
236
237
238
239
HRLP, Interim measures granted by the ECtHR for a woman and her daughter on Samos, 20 September,2023,
available at: https://tinyurl.com/2p3u7bcp.
ECtHR, M.K. and Others v. Greece [Application no. 42416/23]. See also, GCR, Absolutely inadequate
conditions in the new Closed Controlled Access Center (CCAC) of Kos: The European Court of Human Rights
has granted Interim Measures,14 December 2023, available at: https://tinyurl.com/mrw65ahy.
ECtHR, H.T. and M.T. v. Greece [Application no.2868/24]. See also ΙHaveRights, Degrading conditions in
Samos CCAC: The European Court of Human Rights grants Interim Measures”, 7 February 2024, available
at: https://tinyurl.com/3m959tz6.
European Council, EU-Türkiye statement, 18 March 2016, available at: http://bit.ly/1VjZvOD.
The Greens / European Free Alliance in the European Parliament, The EU-Türkiye Statement and the Greek
Hotspots, a failed European pilot project in refugee policy, June 2018, available at: https://bit.ly/3sYrduD.
In this respect, it should be mentioned that on 28 February 2017, the European Union General Court issued
an order, ruling that ‘the EU-Türkiye Statement, as published by means of Press Release No 144/16, cannot
be regarded as a measure adopted by the European Council, or, moreover, by any other institution, body,
office or agency of the European Union, or as revealing the existence of such a measure that corresponds to
the contested measure.’ Therefore, ‘the Court does not have jurisdiction to rule on the lawfulness of an
international agreement concluded by the Member States’. The order became final on 12 September 2018,
as an appeal lodged before the Court of Justice of the European Union (CJEU) was rejected. See, General
Court of the European Union, Cases T-192/16, T-193/16 and T-257/16 NF, NG and NM v. European Council,
Order of 28 February 2017. See also, General Court of the European Union’s press release, 28 February
2017, available at: https://bit.ly/46KLkdk. See also, CJEU, Cases C-208/17 P, C-209/17 P and 210/17 P NF,
NG and NM v European Council, Order of 12 September 2018.
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