CASE OF M.Y. AND OTHERS v. GREECE

FIFTH SECTION

CASE OF M.Y. AND OTHERS v. GREECE

(Applications nos. 51980/19 and 5 others –

see appended list)

JUDGMENT
 

STRASBOURG

19 June 2025

This judgment is final but it may be subject to editorial revision.

In the case of M.Y. and Others v. Greece,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

 Stéphanie Mourou-Vikström, President,
 Gilberto Felici,
 Kateřina Šimáčková, judges,
and Sophie Piquet, Acting Deputy Section Registrar,

Having regard to:

the applications against the Hellenic Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by the applicants listed in the appended table, (“the applicants”), on the various dates indicated therein;

the decision not to have the applicants’ names disclosed;

the decision to give notice of the complaints under Article 3, 5, 8 and 13 of the Convention to the Greek Government (“the Government”) represented by their Agent’s delegates, Ms O. Patsopoulou, Ms A. Dimitrakopoulou and Ms Z. Chatzipavlou (Senior Advisors of the Legal Council of State) and Mr G. Avdikos (Legal Representative of the Legal Council of State);

the decision to give priority (Rule 41 of the Rules of Court) to the applications, the decision to indicate interim measure to the respondent Government under Rule 39 of the Rules of Court in applications nos. 51980/19 (except for applicant no. 9), 55988/19, 56843/19 and 61303/19, which was subsequently lifted in applications nos. 55988/19 and 56843/19 (see Appendix for details);

the parties’ observations;

Having deliberated in private on 28 May 2025,

Delivers the following judgment, which was adopted on that date:

SUBJECT MATTER OF THE CASE

1.  The case mainly concerns the conditions of reception and detention of the applicants, who, at the time of lodging their applications with the Court, had been unaccompanied immigrant minors in Greece. The details of their cases are provided in the Appendix.

THE APPLICANTS’ ACCOUNT

2.  The applicants alleged that the Greek authorities had failed to ensure to them – as unaccompanied minors – the adequate reception conditions and assistance at the time of their arrival in Greece (application nos. 51980/19, 56843/19, 61303/19 and 15463/20). All applicants further submitted that the conditions of their detention in the police stations and pre-removal detention centres had been inhumane and degrading, and the Greek authorities had placed them in suitable accommodation only after they had requested the Court to apply interim measures. They also alleged that their detention had been unlawful and that they had not had access to effective judicial review of reasons for their continued detention. Some of the applicants alleged that (i) they had not had at their disposal effective domestic remedies in respect of their complaints about the conditions of reception and detention (application no. 51980/19) and deficiencies of identification and asylum procedures (application no. 15463/20); (ii) they had not been informed, in a language that they understood, of the reasons for their detention (applications nos. 51980/19, 55988/19, 56843/19, 61303/19 and 15463/20) and (iii) reunification with their families had been hindered (application no. 61303/19).

THE GOVERNMENT’S ACCOUNT

3.  The Government submitted that the applicants had arrived in Greece illegally and that at the time of their arrests some of them had not provided accurate information regarding their age or unaccompanied status. They further submitted that in Greece, underage asylum-seekers, whether accompanied or not, were considered to be a vulnerable group, and as soon as a person was identified as a minor, special guarantees were applicable in line with the relevant procedures. Lastly, they submitted that all the necessary measures, including placing the applicants in accommodation appropriate for the needs of minors had been taken within a reasonable time.

THE COURT’S ASSESSMENT

4.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

5.  The applicants in application nos. 51980/19, 56843/19, 61303/19 and 15463/20 alleged that the reception conditions upon their arrival to Greece (identification and age assessment procedures, access to information and asylum procedures, educational opportunities and appointment of a guardian) had not been compatible with their status as vulnerable persons, in breach of Article 3 of the Convention.

6.  All applicants also complained that their detention in police stations whether in protective custody or administrative detention and in pre-removal detention centres (“PDCs”) had been in inhuman and degrading conditions.

7.  The applicants in application no. 15463/20 complained that their living conditions in the Malakasa camp had not been compatible with Article 3.

8.  The Government submitted that at the relevant time Greece was facing an international migration crisis challenging the ability of the authorities to deal with the exceptional number of incoming migrants. They further submitted that (i) the applicants in the present case had been timely identified provided with appropriate material reception conditions in accordance with Greek law, including information notices about available procedures, interpretation services, giving a notice to a Public Prosecutor to appoint a guardian and (ii) the applicants had been kept in the police stations and PDCs for relatively short periods of time and the Greek authorities had adapted, in as much as possible and within a reasonable time‑frame those facilities to the needs of minors.

9.  The Government argued that the applicants had lost their victim status because the authorities had taken the necessary protective measures and rectified the situations complained of. The applicants disagreed with those submissions.

10.  The Court observes that no evidence has been submitted to show that the authorities had acknowledged, either expressly or in substance, and had then afforded redress for the alleged breaches of the Convention. Therefore, the Government’s objection as to the loss of victim status must be dismissed.

11.  The Government also argued that the applicants had failed to exhaust domestic remedies in respect of their complaints under Article 3. The applicants claimed that the remedies had not been available in their particular circumstances.

12.  The Court reiterates that the Government claiming non-exhaustion must demonstrate that the remedy was an effective one available in theory and in practice at the relevant time, that is to say, that it was accessible and capable of providing redress in respect of the applicant’s complaints, and offered reasonable prospects of success (see Selmouni v. France [GC], no. 25803/94, §§ 76-77, ECHR 1999-V). Having regard to the facts that no relevant national case-law examples has been provided by the Government to demonstrate effectiveness of any remedy, the Government’s objection must be dismissed.

13.  The Government further argued that since the applicants either had not duly notified the authorities of their age and personal situations, or had provided misleading information about their age or had absconded from the shelters that they had been placed in, they (i) could not claim to be victims of the alleged violations and (ii) had abused the right of individual application. The applicants disagreed and contended that they had been affected by deficiencies in the age assessment procedure for asylum-seekers and that some of them had left shelters as the living conditions had not been appropriate for their age or even dangerous and that they had been traumatised as a result of living there. The Government’s objections concern the timing of when the authorities were or ought to have been notified of the applicants’ circumstances, and as such, they are closely linked to the merits of the complaint. The Court will therefore examine them together. The Court further notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention. It also notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

14.  The general principles concerning the living conditions of asylum‑seekers have been summarised in M.S.S. v. Belgium and Greece ([GC], no. 30696/09, §§ 249-64, ECHR 2011). The Court further refers to its case-law regarding the reception of unaccompanied or accompanied minors, noting the importance of bearing in mind that a child’s extreme vulnerability is the decisive factor and takes precedence over considerations relating to the status of illegal immigrant (see R.R. and Others v. Hungary, no. 36037/17, § 49, 2 March 2021; Khan v. France, no. 12267/16, § 74, 28 February 2019; N.T.P. and Others v. France, no. 68862/13, § 44, 24 May 2018; Popov v. France, nos. 39472/07 and 39474/07, § 91, 19 January 2012; Rahimi v. Greece, no. 8687/08, § 87, 5 April 2011; and Muskhadzhiyeva and Others v. Belgium, no. 41442/07, §§ 55 and 63, 19 January 2010).

15.  In so far as the reception conditions of the applicants are concerned, the Court notes that (i) some applicants were registered as unaccompanied minors with delays between one and three months (see application nos. 51980/19 (applicants nos. 1, 10 and 11); 56843/19 and 61303/19); (ii) their dates of birth were recorded incorrectly by the Greek authorities (application nos. 51980/19 (applicants nos. 2, 7, 12, 17 and 18) and 56843/19) or (iii) access to asylum procedure had not been available to them (see application nos. 51980/19 (applicants nos.1, 5, 10 and 11) and 15463/20). No evidence had been submitted by the Government confirming that the applicants in these cases had been provided with effective access to information about their rights and interpretation services which would enable them to communicate appropriately information about their age and personal situations or timely request asylum. The Court considers that the delays in placing the applicants in shelters for unaccompanied minors were caused by the shortcomings in the procedures for the registration and age assessment of asylum-seekers which cannot be attributed to the applicants as persons in situation of an extreme vulnerability. In other cases, even though the applicants were promptly registered as unaccompanied minors and had been placed in temporary accommodation, those facilities appear to have systematically lacked educational and recreational activities, psychological support and general support from the staff, which further exacerbated the applicants’ feeling of vulnerability and uncertainty for their future, exposed them to physical and sexual violence and, eventually, in some cases - to homelessness (see application no. 51980/19 (applicants nos. 1-9, 13-20) and 15463/20). For none of the applicants concerned had a permanent legal guardian been appointed who could closely monitor their situation and to whom they could turn for guidance. The applicants therefore remained in a precarious situation for an extended period of time having been left to look after themselves in a foreign country and to seek help from strangers, NGOs and, eventually, from the Court, despite their young age and the particular state of insecurity and vulnerability in which, as has been established by the Court, asylum-seekers have been known to live in Greece (see M.S.S. v. Belgium and Greece, cited above, § 259, Rahimi, cited above, §§ 87-94; O.R. v. Greece, no. 24650/19, §§ 67-69, 23 January 2024).

16.  As regards the conditions of detention of applicants in “protective custody” and PDCs, taking into account the Court’s well-established case‑law on the matter, detailed information submitted by the applicants, their vulnerability and the duration of their detention and considering that the Government have not put forward any argument capable of persuading the Court to reach a different conclusion in the present case, the Court concludes that the applicants were detained in conditions incompatible with the Convention standards (see Sh.D. and Others v. Greece, Austria, Croatia, Hungary, North Macedonia, Serbia and Slovenia, no. 14165/16, §§ 48-51, 13 June 2019; H.A. and Others v. Greece, no. 19951/16, §§ 166-169, 28 February 2019; S.Z. v. Greece, no. 66702/13, §§ 36-42, 21 June 2018; Amadou v. Greece, no. 37991/11, §§ 49-53, 4 February 2016; Al. K. v. Greece, no. 63542/11, §§ 53-55, 11 December 2014; Ahmade v. Greece, no. 50520/09, §§ 91-104, 25 September 2012 and Popov, cited above, §§ 91‑103).

17.  Accordingly, having regard to the parties’ submissions, all the material in its possession and its case-law, the Court dismisses the remaining objections of the Government as to the admissibility of this complaint and finds that the treatment to which the applicants were subjected was in breach of Article 3 of the Convention.

18.  Applicants R.H. and R.A. in application no. 15463/20 complained that their living conditions in the Malakasa camp had not been compatible with Article 3 whereas the Government disputed their submissions.

19.  Having regard to the detailed information submitted by R.H. and R.A., and to the fact that the Government have failed to duly refute their submissions, and given its own findings in the case of O.R. v. Greece, cited above, § 65, regarding, in particular, the living conditions in the Malakasa camp, the Court concludes that applicants R.H. and R.A. were detained in cramped and inadequate conditions inappropriate for their age. The Court therefore considers that these applicants were subjected to inhuman and degrading treatment in breach of Article 3 of the Convention.

20.  The applicants also raised other complaints which are covered by the well‑established case-law of the Court. In particular, they alleged, under Article 5 §§ 1 and 4 of the Convention, that they had not been informed of the reasons for their detention and that they had not had access to effective judicial review of reasons for their continued detention. These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other grounds. Accordingly, they must be declared admissible. Having examined all the material before it and considering the fact that the Government have not put forward any fact or argument capable of persuading the Court to reach a different conclusion in the present case, the Court concludes that they disclose a violation of Article 5 §§ 1 and 4 of the Convention in the light of its findings in the following judgments (see Mubilanzila Mayeka and Kaniki Mitunga v. Belgium, no. 13178/03, §§ 102-103, ECHR 2006-XI and Rahimi, cited above, §§ 102-110, 114-121).

21.  Some applicants also complained about (i) the failure of the authorities to inform them, in a language that they understand, about the grounds for their detention, in breach of Article 5 § 2 (application nos. 51980/19, 55988/19, 56843/19, 61303/19 and 15643/20); (ii) the violation of a right to family reunification under Article 8 the Convention (application no. 61303/19); (iii) lack of effective remedies for their complaints under Article 3 (application nos. 51980/19 and 15463/20). Having regard to the facts of the case, the submissions of the parties, and its findings above, the Court considers that it has dealt with the main legal questions raised by the case and that there is no need to examine the remaining complaints (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no.47848/08, § 156, ECHR 2014).

22.  In applications nos. 51980/19, 55988/19, 56843/19 and 15463/20, the applicants also raised other complaints under various Convention provisions. The Court has examined that part of the applications and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention.

23.  It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

24.  The measure indicated to the Government under Rule 39 in applications nos. 51980/19 and 61303/19, as set out in the appended table ceases to have any basis.

25.  The applicants claimed between 8,000 and 18,000 euros (EUR) in respect of non-pecuniary damage. Some applicants also claimed EUR 500 in legal costs and expenses (applications nos. 56843/19 and 15463/20).

26.  The Government submitted that the potential finding of a violation would constitute sufficient just satisfaction. The Government further submitted that no costs and expenses should be awarded to the applicants as they had not been substantiated.

27.  The Court awards the applicants EUR 3,900 (three thousand nine hundred), each, in non-pecuniary damage, plus any tax that may be chargeable to the applicants and dismisses the remainder of the claims. Regard being had to the documents in its possession, the Court rejects claim of the applicants for legal costs and expenses in applications nos. 56843/19 and 15463/20.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

(a)  that the respondent State is to pay each applicant EUR 3,900 (three thousand nine hundred) euros within three months, plus any tax that may be chargeable, in respect of non-pecuniary damage;

(b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

Done in English, and notified in writing on 19 June 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Sophie Piquet Stéphanie Mourou-Vikström
 Acting Deputy Registrar President

APPENDIX

No.

Application no.

Case name

Lodged on

Represented by

Applicant
Year of Birth
Nationality

Date of entry to Greece; Registered as an unaccompanied immigrant minor no/yes, on ...; Legal guardian appointed - yes/no/unknown.

Stayed/Detained at / for ...

Rule 39 applied / lifted on ...

Conditions of reception/detention

1.

51980/19

M.Y. and Others

v. Greece

07/10/2019

Dimitra LINARDAKI

16/08/18; yes, on 03/01/19; no.

16/08/18 – decision issued on restriction of freedom by the Commander of Moria RIC; no proper age assessment procedure until 03/01/19; no information about access to international protection procedure;

16/08/18 – 03/01/19 – makeshift camp outside Moria RIC;

10/01/19 – 18/07/19 Kornilios shelter (temporary accommodation structure for minors which he had left due to poor reception conditions, including lack educational and recreational activities; lack of support from staff);

18/07/19 – 05/09/19 - homeless in Athens for over a month;

05/09/19 – 15/09/19 – Kipseli police station (protective custody for minors);

15/09/19 – 16/09/19 – Ampelokipi Security Department;

16/09/19 – 25/10/19 – Kolonos police station;

25/10/19 – 11/06/21 – shelter Estia.

Duration of detention in police stations – 51 days

Rule 39 applied on 10/10/19 (see more details below, after “Conditions of Detention”)

03/03/18; yes, on 03/03/18; no.

03/03/18 – identified as an unaccompanied minor but the date of birth was recorded incorrectly (2002 and not 2005 which had only later been corrected at the request of his lawyer);

03/03/18 – 18/07/18 - Samos RIC’s safe zone for five months;

18/07/18 - 18/07/19 – Kornilios shelter (temporary accommodation structure for minors which he left due to poor reception conditions including lack educational and recreational activities; lack of guardian and support from staff);

18/07/19 – 05/09/19 – homeless in Athens;

05/09/19 - Kipseli Police Station to request housing (protective custody) for 12 days, then in Ampelokipi Security Department;

16/09/19 - Kolonos Police Station;

25/10/19 - Elaionas camp safe zone;

02/10/20 - 24/03/21 - Lagadikia camp safe zone.

Duration of detention in police stations – 51 days

Rule 39 applied on 10/10/19 (see more details below, after “Conditions of Detention”)

05/12/2018; yes, on 06/12/18; no.

06/12/18 - Orestiada RIC;

21/03/19 – 05/08/19 - Glavas shelter (temporary accommodation structure for unaccompanied minors which he left due to poor reception conditions, including lack educational and recreational activities; lack of guardian and support from staff).

06/09/19 (app.) or 09/09/19 (Gov.) – Omonia Security Department (protective custody) (11 or 8 days);

17/09/19 – 21/10/19 - Kolonos Police Station (4 days);

28/09/19 - Amygdaleza PDC (according to the Government’s submissions, with which the applicant disagrees);

The applicant experienced respiratory problems and headaches during his detention but was not transferred to hospital.

21/10/19 – Alpina Suites (shelter for unaccompanied minors);

28/05/20 - hospitality centre for adults.

Duration of detention in police stations – 12 or 15 days

Rule 39 applied on 10/10/2019 (see more details below, after “Conditions of Detention”)

2018; yes, in June 2019; no.

05/06/19 - Omonia Police Station (protective custody) and Amygdaleza Pre-Removal Detention Centre (25 days);

20/06/19 – 25/06/19 - hostel for unaccompanied minors in Kalavrita (left for Athens due to poor reception conditions and sexual violence from an older minor);

06/09/19 - Omonia Security Department (protective custody) for 12 days;

17/09/19 - Kolonos Police Station;

23/10/19 - Amygdaleza PDC;

04/11/19 - 10/11/19 – Amfithea temporary shelter for unaccompanied minors which he left due to poor reception conditions, including lack of guardian, and violence from other children.

15/11/19 - Pallini Police Station;

18/11/19- Amygdaleza Pre-Removal Detention Centre;

14/01/20 - 17/05/21 Kavala camp’s safe zone.

Duration of detention in police stations – 46 days

Rule 39 applied on 10/10/19 (see more details below, after “Conditions of Detention”)

2016; yes, on 16/09/19; no.

According to the applicant, he had tried eight times to access asylum office in Athens.

The Government’s submissions as to events before 16/09/19

26/11/18 - 11/12/18 - Loutraki Police Station (protective custody);

11/12/18 – 12/01/19 – shelter for unaccompanied minors, from where the applicant was transferred to another centre;

14/01/19 – 16/09/19 – Teen Spirit I Hostel, from where the applicant absconded. According to the applicant, he had left the shelter because he had been raped there.

Events as of 16/09/19:

16/09/19 - Omonia Security Department (protective custody);

17/09/19 - Kolonos Police Station;

According to the applicant, on 21/10/19 he had been interviewed, without the appointment of a legal advisor or guardian, by the police in Kolonos Police Station as a potential rape victim. According to the Government, on 22/10/19 the applicant had been transferred for medical check-up at Laiko Hospital, Agia Sofia Children’s Hospital (26/09/19) and Andreas Syngros Hospital (08/11/19).

29/10/19 - Amygdaleza Pre-Removal Detention Centre.

04/11/19 - 03/07/20 - Amfithea shelter (temporary accommodation for unaccompanied minors where he was not provided with support, including for trauma from his sexual abuse). On 02/07/20 at registration of asylum claim the applicant claimed to be an adult, the next day he was required to leave the hotel.

Duration of detention in police stations – 33 days

Rule 39 applied on 10/10/19 (see more details below, after “Conditions of Detention”)

Afghan

June 2018; yes, on 01/06/18; no.

01/06/18 - Moria RIC’s safe zone where he was beaten by other minors and had his arm broken;

06/07/18 – 05/09/19 – Silia shelter (temporary accommodation for minors from where the applicant was expelled due to absence for more than 48 hours. He alleged that the absence was with permission of administration);

16/09/19 (app) or 19/09/19 (Gov.) - Omonia Police Station (protective custody);

20/09/19 (app.) or 21/09/19 (Gov.) – 21/10/19 - Kolonos Police Station;

21/10/19 – 27/01/21 - Arsis shelter for unaccompanied minors.

Duration of detention in police stations – 35 days

Rule 39 applied on 10/10/19 (see more details below, after “Conditions of Detention”)

2019; yes, on 01 or 02/09/19; no.

15/04/19 - Kos RIC (during registration the applicant’s date of birth was registered incorrectly as “2002” instead of “2003”);

01/07/2019 - 03/09/19 - Lagadikia camp’s safe zone (temporary accommodation structure for unaccompanied minors which he left due to poor reception conditions, including lack educational and recreational activities; lack of guardian and support from staff);

02/09/19 (app.) or 04/09/19 (Gov.) Omonia Police Station / 13 days / shared a cell with adults facing criminal charges;

Ampelokipi Security Department / 2 days;

20/09/19 (app.) or 16/09/19 (Gov.) transferred to Kolonos Police Station.

29/10/19 - Amygdaleza Pre-Removal Detention Centre;

04/11/19 – 29/11/19 Alpina Suites shelter from where he was removed due to participation in a fight; no referral was made for housing, and he was left homeless;

02/12/19 Koressia Border Guard Police Station (protective custody);

17/12/19 - 02/01/20 - Alexandria camp’s safe zone.

Duration of detention in police stations – 54 days

Rule 39 applied on 10/10/19 (see more details below, after “Conditions of Detention”)

12/03/18; yes, on 12/03/18; no.

16/03/2018 - Lesvos RIC’s safe zone;

02/07/18 - 03/02/19; 04/02/19 - 27/08/19 – Home Project shelter for minors from where, according to the Government, he absconded, whereas the applicant alleged that he had been forced by staff to leave it, following a fight with other minors;

September 2019

The applicant’s submissions:

13/09/19 - Agios Pandeleimonas Security Department for four days (protective custody; not provided with medicine for his leg problem); in Ampelokipi Police Station for around two days and then in Kolonos Police Station for two or three days (provided with medicine with the NGO’s support).

The Government’s submissions:

14/09/19 (Gov.) - Agios Pandeleimonas Police Station;

15/09/19 - Ampelokipi Police Station;

16/09/19 - Kolonos Police Station.

08/10/19 - 12/01/21 - Ritsona camp’s safe zone.

Duration of detention in police stations – 9 days

Rule 39 applied on 10/10/19 (see more details below, after “Conditions of Detention”)

2018; yes, on 04/05/18; no.

04/05/18 - Fylakio RIC;

27/06/18 - 10/07/18 a hostel; according to the applicant, he left from where he left due to lack of appropriate reception conditions;

07/09/18 - Amygdaleza PDC (protective custody);

03/10/18 – 03/12/18 - Lagadikia camp safe zone which the applicant left of his own; according to the applicant, he had had no legal guardian, no psychological support there;

21/12/18 - Egaleo Police Station (protective custody);

20/01/19 – 08/02/19 - Drama camp’s safe zone; according to the applicant, he had had no legal guardian, no psychological support there;

19/02/19 - Amygdaleza PDC (protective custody);

08/03/19 - 30/05/19 - temporary shelter; according to the applicant, he left from where he left due to lack of appropriate reception conditions;

16/05/19 - Dromokaitio Psychiatric Hospital of Athens for over a month (upon verbal order of the Athens Public Prosecutor for Minors);

22/06/19 - Omonia Police Station (protective custody);

26/06/19 - 15/07/19 - Amygdaleza PDC;

15/07/19 – 14/08/19 - Alexandria Imathia camp’ safe zone. Accommodated in a caravan. The applicant left the facility due to poor reception conditions, including lack educational and recreational activities; lack of guardian and support from staff.

14/08/19 -17/09/19 – homeless;

17/09/19 - Exarchia Police Station (four days). The applicant was held in a “special holding area” (Gov.) or detained in basement cell (app.);

20/09/19 - 07/10/19 - Kolonos Police Station; while there - 30/09/19 – Andreas Syngros Hospital and the General Hospital of Nikea (check-ups);

07/10/19 – 12/10/19 - Ritsona camp’s safe zone; according to the applicant, he has left the facility due to poor reception conditions, including lack educational and recreational activities; lack of guardian and support from staff.

19/12/19 – 21/01/20 - Amygdaleza PDC (protective custody);

03/02/20 - Amygdaleza PDC (protective custody);

09/06/20 - 25/07/20 - Veroia camp’s safe zone; according to the applicant, he has left the facility due to poor reception conditions.

03/08/20 - Amygdaleza PDC (protective custody);

05/10/20 - 13/10/20 - Vaiochori camp safe zone; according to the applicant, he has left the facility due to poor reception conditions

21/10/20 - Migdonia Police Station (protective custody);

06/11/20 - shelter for minors.

Duration of detention in police stations and PDC – 11 months and 7 days

No Rule 39 applied on 17/10/19 in respect of this applicant on 07/10/19.

Aug. 2019; yes, on 24/09/19; no.

Between Aug. 2019 and 24/09/19 the applicant unsuccessfully tried to access asylum procedure in Attica Regional Asylum Office and over Skype line;

24/09/19 - the Agios Dimitrios Security Department;

24/09/19 –16/10/19 - Kolonos Police Station;

16/10/19 - 04/11/19 - Amygdaleza PDC;

04/11/19 - Agia Eleni camp’s safe zone (temporary accommodation).

Duration of detention in police stations and PDC – 1 month and 10 days

Rule 39 applied on 17/10/19 (see more details below, after “Conditions of Detention”)

2018; yes, on 30/09/19; unknown

until 30/09/18 – homeless; unsuccessfully tried to access asylum procedure in Katehaki Regional Asylum Office;

30/09/2019 - Kolonos Police Station;

11/10/2019 - 15/10/19 Amygdaleza PDC (section for minors);

15/10/2019 - Amygdaleza PDC (adult section), following age assessment procedure (x-ray only), after which he was treated as an adult. According to the applicant, the age assessment procedure was not carried out in accordance with Greek law (no information about the procedure, no guardian, no record provided to him).

19/10/10 - 28/01/2020 - Korinthos PDC from where the applicant was released.

Duration of detention in police stations and PDC – 3 months and 28 days

Rule 39 applied on 10/10/19 (see more details below, after “Conditions of Detention”)

July 2019 and then Sep. 2019; no; no.

11/09/19 - Nea Smirni Police Department for 6 days;

17/09/19 (app.) or 15/09/2019 (Gov.) - Ampelokipi Security Department;

19 or 20/09/2019 (app.) or 16/09/19 (Gov.) - Kolonos police station;

01/10/19 - Nea Smirni Police Station, detained with adults, after incorrectly having been registered as an adult;

03/10/19 (app) or 30/10/19 (Gov.) - Amygdaleza PDC (adult section);

25/10/19 - 28/11/19 Xanthi PDC.

Duration of detention in police stations and PDC – 22 days or 1 months 18 days

Rule 39 applied on 10/10/19 (see more details below, after “Conditions of Detention”)

2018; yes, on 13/09/19; no.

01/10/18 –Moria camp’s safe zone for about five months;

05/03/19 – 02/09/19– Edelweiss provisional accommodation centre for unaccompanied minors from where he was expelled due to absence from the structure for over 48 hours which allegedly was with the permission of staff; no guardian, no educational or recreational activities.

02/09/19 – 13/09/19 – hosted in a house where other compatriots were staying;

13/09/19 - Agios Pandeleimonas Security Department (protective custody);

15/09/19 - Ambelokipi Security Department;

16/09/19 - Kolonos Police Station;

26/09/19 - Amygdaleza PDC (the unaccompanied minor’s section) where on 17/10/19 fire erupted;

21/10/19 - 31/10/19 Arsis shelter for unaccompanied minors from where the applicant left due to lack of appropriate reception conditions (no guardian, no educational or recreational activities, lack of support from staff).

Duration of detention in police stations and PDC – 1 month and 7 days

Rule 39 applied on 17/10/19 (see more details below, after “Conditions of Detention”)

2018; yes, on an unknown date; no.

01/10/18 - Moria RIC;

05/03/19 – 02/09/19– Edelweiss provisional accommodation centre for unaccompanied minors from where he was expelled due to absence from the structure for over 48 hours which allegedly was with the permission of staff; no guardian, no educational or recreational activities.

02/09/19 – 13/09/19 – hosted in a house where other compatriots were staying;

13/09/19 - Agios Pandeleimonas Security Department/Polic Station (protective custody) for four days;

15/09/19 - Ambelokipi Police Station;

16/09/19 - Kolonos Police Station;

26/09/19 - Amygdaleza Pre- Removal Detention Centre unaccompanied minors’ section;

21/10/19 - 31/10/19 - Arsis shelter for unaccompanied minors from where the applicant left due to lack of appropriate reception conditions (no guardian, no educational or recreational activities, lack of support from staff).

Duration of detention in police stations and PDC – 1 month and 7 days

Rule 39 applied on 17/10/19 (see more details below, after “Conditions of Detention”)

2018; yes, on 03/03/19; no.

27/11/2018 to 03/03/2019 - Samos RIC.

03/03/19 – 02/09/19 Edelweiss provisional accommodation centre for unaccompanied minors from where he was expelled due to absence from the structure for over 48 hours which allegedly was with the permission of staff; no guardian, no educational or recreational activities;

02/09/19 – 13/09/19 – hosted in a house where other compatriots were staying;

13/09/2019 - Agios Panteleimon Police Station/Security Department (protective custody) (4 days);

15/09/19 - Ambelokipi Police Station;

16/09/19 - Kolonos Police Station (11 days);

26/09/19 - 21/10/19 - Amygdaleza Pre-Removal Detention Centre (unaccompanied minor’s section) where on 17/10/19 fire happened in the minors’ section;

21/10/19 - 31/10/19 (app.) or 30/10/19 (Gov.) – Alpina Suites shelter for unaccompanied minors from where the applicant left due to lack of appropriate reception conditions (no guardian, no educational or recreational activities, lack of support from staff).

Duration of detention in police stations and PDC – 1 month and 7 days

Rule 39 applied on 17/10/19 (see more details below, after “Conditions of Detention”)

Bangladeshi

27/08/19; yes, on 17/09/19; no.

27/08/19 – according to the applicant, he had been homeless for first five days in Greece; slept in a park in the centre of Athens. After being threatened and feeling afraid, rented a room in a hotel in Athens for 15 days;

17/09/19 - Acropolis Police Station (even though he was identified as an unaccompanied minor by the police he was not placed in protective custody); Omonia Police Station (four hours); Kolonos Police Station (four days);

21/09/19 - Amygdaleza PDC; after his transfer the authorities changed the applicant’s year of birth from 2003 to 2000, registering him as an adult. Considered an adult, the applicant was detained with adults for ten days in Amygdaleza. After the applicant’s lawyer intervened, it was found that the change of birth had been a mistake. The applicant was transferred to the section for minors.

25/10/19 – Amfithea shelter (a temporary accommodation structure for unaccompanied minors);

17/02/20 - transferred to reunify with his brother in the UK.

Duration of detention in police stations and PDC – 1 month and 7 days

Rule 39 applied on 17/10/19 (see more details below, after “Conditions of Detention”)

2018; yes, on 18/10/18; no.

19/10/18 - Moria RIC (during registration the applicant’s date of birth was registered incorrectly as “2000” instead of “2002” and according to the applicant, he never declared himself as an adult, contrary to the Government’s submissions);

06/12/18 - 22/02/19 - Silia shelter for unaccompanied minors from where he was expelled due to failure to comply with the regulations (after a fight erupted); the applicant became homeless;

23/02/19 - 08/03/19 - Immigration Management Police Station in Migdonia (protective custody);

08/03/19 - 12/03/19 - Thiva camp’s safe zone from where the applicant left of his own accord (Gov.);

01/04/19 -12/04/19 Immigration Management Police Station in Migdonia (protective custody);

22/04/19 - 17/07/19 - Konitsa shelter for unaccompanied minors from where he left due to lack of appropriate reception conditions (no guardian, no educational or recreational activities, lack of support from staff). Travelled to Athens and was street homeless. Robbed and beaten resulting in a leg hematoma.

18/09/19 (app.) or 19/09/19 (Gov.) - Omonia Police Station (protective custody) (3 days); then Kolonos Police Station (6 days). During his detention in Kolonos he was transferred to hospital due to his leg hematoma.

25/09/19 - Amygdaleza Pre-Removal Detention Centre (section for minors) where on 17/10/19 a fire erupted;

21/10/19 - 31/01/20 – Alpina Suites shelter for unaccompanied minors; according to the Government, the applicant left the shelter pursuant to an order issued by the prosecutor due to criminal proceedings pending against him. According to the applicant, he left the shelter due to lack of appropriate reception conditions (no guardian, no educational or recreational activities, lack of support from staff).

Duration of detention in police stations and PDC – 1 month and 27 days

Rule 39 applied on 17/10/19 (see more details below, after “Conditions of Detention”)

03/08/18 (app) or 04/10/18 (Gov.); yes, on 28/01/19; no.

According to the applicant, he had been sleeping for six months in a wooded area outside the RIC as he has been incorrectly registered a having been born in 2000 and not 2002.

28/01/19 - Moria camp’s safe zone for ten days (after his date of birth was corrected to 2002);

28/02/19 - Silia shelter for unaccompanied minors from where he was expelled in early September 2019 due to absence from the structure for over 48 hours; according to the applicant, there had been no guardian, no educational or recreational activities in the shelter;

18/09/19 (App.) or 19/09/19 (Gov.) – 25/09/19 - Omonia Police Station (protective custody) and Kolonos Police Station;

25/09/19 - Amygdaleza PDC’s section for unaccompanied minors where on 17/10/19 fire erupted;

21/10/19 -Alpina Suites shelter for unaccompanied minors;

04/02/20 - Alexandreia Imatheias camp.

Duration of detention in police stations and PDC – 1 month and 3 days

Rule 39 applied on 17/10/19 (see more details below, after “Conditions of Detention”)

2017; 06/09/19; no.

According to the applicant, on an unknown date he had been abducted by the third parties in Thessaloniki and forced intro agricultural work in Thiva from where he had escaped; later he had been kept in Migdonia Police Station (protective custody) for 15 days;

unknown – 14/08/19 – Alma hotel which he left due to lack of support and reception conditions (no guardian, no educational or recreational activities, lack of support from staff);

06/09/19 – 17/09/19 Omonia Security Department (protective custody);

17/09/19 - 01/10/19 - Kolonos Police Station (examined in the hospital by a neurologist and pathologist for some health issues who found the symptoms were psychosomatic);

01/10/19 - 07/10/19 - Amygdaleza PDC;

07/10/19 – 09/10/19 - Thiva camp’s safe zone from where the applicant left for to Athens because it the camp had been far away from his school in Moshato.

Duration of detention in police stations and PDC – 1 month and 1 day

Rule 39 applied on 17/10/19 (see more details below, after “Conditions of Detention”)

29/08/19; yes, on 11/09/19; no.

11/09/19 - 17/09/19 - Nea Smirni Police Station;

17/09/19 for six days - Ambelokipi Police Station, after – for two days at Kolonos Police Station (exact dates not submitted);

02/10/19 - 14/10/19 - Amygdaleza PDC;

14/10/19 - 14/08/20 - Drama camp safe zone for where he was expelled leaving the applicant homeless.

Duration of detention in police stations and PDC – 26 days

Rule 39 applied on 10/10/19 (see more details below, after “Conditions of Detention”)

Conditions of detention in police stations

The applicants’ submissions:

Kolonos Police Station

the place of detention consisted of four divided cells with no doors; detained with other minors; no natural lighting or ventilation; yard or access to outdoor space; concrete beds with no mattresses or sheets and their blankets were not washed during their stay; only four toilets and one functional shower; no soap and toothbrushes; food was provided only at 8pm. No recreational or educational activities, interpreters, psychosocial and medical assistance; phones bot allowed; telephone cards and medicine were provided by an NGO.

Agios Pandeleimonas Police Station

detention with adults; no natural lighting or ventilation or shower; slept on blankets on the floor; no yard or access to outside space; one filthy toilet outside the cell, requiring they be escorted by police to use it; food was poor and one small portion was provided a day.

no recreational or educational activities; no phone access.

Omonia Security Directorate

detention with adults; no natural lighting or ventilation or shower; slept on blankets on the floor; no yard or access to outside space; one functional toilet outside the cell, requiring they be escorted by police to use it; no soap and toothbrushes; food was very poor and only one portion a day; no recreational or educational activities; interpreters, psychosocial and medical assistance.

Omonia Police Station

detention with adults; no natural lighting or ventilation or shower; slept on filthy blankets on the floor; no yard or access to outside space; one functional toilet outside the cell, so the applicants had to be escorted by police to use it; no soap and toothbrushes; no food on the first day the applicants; after, poor single portion of food once a day; no recreational or educational activities; interpreters, psychosocial and medical assistance.

Nea Smirni Police Department

detention in a small cell with no natural light and with small windows; no space to walk inside the cell and no yard or access to outdoor space; one functional toilet outside the cell, so the applicants had to be escorted by police to use it; the water tap was also outside the cell, so they had to request the police for water; no sanitary material was provided; food was very poor; no food on the first day the applicants; after, poor single portion of food once a day; access to phone for five minutes a day; no activities, interpreters, psychosocial and medical assistance.

Kypseli Police Station

detention in a locked room for twelve days; sleeping on tables with no mattresses, sheets, or blankets; room with no a toilet or shower; one functional toilet outside the room, so the applicants had to be escorted by police to use it; not taken to the toilet every day; no soap and toothbrushes; no access to outdoor space; no food for most of the days; no access to phones; no recreational or educational activities; interpreters or psychosocial and medical assistance.

Exarchia Police Station

The applicant no. 15 (K.M.) was detained in a basement cell which was enclosed with no natural light or sufficient ventilation; no yard or access to the outdoors; no sheets, and the blankets were not washed. Toilet facilities were functional and within the cell. The applicant was not provided with food but was provided with water; no soap and toothbrushes were not provided; no access to phone; no recreational or educational activities; no interpreters, psychosocial and medical assistance.

Ambelokipi Security Department

Detention in a basement cell with no natural light or ventilation; no yard or access to outdoor spaces; no sheets or sanitary items; The applicant was not able to contact the outside world, there were no recreational activities or access to medical assistance.

Food was provided three times a day. Basic sanitary materials including soap and toothbrushes were not provided.

The applicants were deprived of their phones. There was a complete lack of recreational or educational activities. There was a complete lack of interpreters, psychosocial and medical assistance.

The Government’s submissions:

The Government challenged the applicants’ submissions about the conditions of detention the police stations and claimed that in the context of the surging migration flows (i) the conditions of detention in police station had been adapted in as much as possible to the individual needs of the applicants; (ii) the Greek authorities had quickly and positively responded to their needs (transfers to public hospitals; prompt submission of accommodation requests) and (iii) some of the applicants had at least been in part responsible for the situation they had found themselves on due to absconding from the shelters.

Conditions of detention Amygdaleza PDC

The applicants’ submissions:

Detention in a section for minors which was comprised of containers; due to overcrowding, not enough beds with mattresses; the applicants slept on blankets on the floor; no sheets, and the blankets were not washed; while containers had toilets and showers, the toilet and shower in some of the applicants’ container did not work; the containers were only cleaned once a week and there was a complete lack of sanitary material. The food provided was of a low nutritional quality; access to a yard but no activities; no access to an interpreter as there were three interpreters for 500 people; two social workers and one psychologist were responsible for the total population. Once a week one psychiatrist was present. According to the NGO Arsis’ report of 26/08/19, during the relevant period, the minor’s wing was overcrowded (this information disputed by the Government).

The Government’s submissions:

see above the Government’s submissions in respect of conditions of detention in the police stations

Rule 39 applied on 10/10/19: the Court indicated to transfer applicants nos. 1-8 and 10-12 detained in police stations to a centre for unaccompanied minors and to ensure that their reception conditions are compatible with Article 3 of the Convention and the applicants’ particular status.

Rule 39 applied on 17/10/19: the Court indicated to transfer the applicants nos. 13-20 detained in Amygdaleza PDC to a centre for unaccompanied minors and, in any event, to ensure that their reception conditions are compatible with Article 3 of the Convention and the applicants’ particular status”

2.

55988/19

N. A. v. Greece

28/10/2019

Niki GEORGIOU

N. A., 2003;

Afghan

10/04/19; no information provided as to registration as an unaccompanied minor and appointment of legal guardian.

The Government’s submissions as to events before 10/10/19:

09/04/19 EKKA received a request for accommodation saying the applicant was accommodated with a relative in Athens;

12/06/19 EKKA received another request for accommodation highlighting that the applicant’s accommodation was dangerous (overcrowding);

25/07/19 - 26/07/19 - a shelter for unaccompanied minors in Volos, the applicant left it of his own.

10/10/19 - Drapetsona Police Station (protective custody);

17/10/19 and 18/10/19 - emergency hospital.

29/10/19 – the applicant was handed over to his uncle to travel to the United Kingdom.

Duration of detention in police stations – 19 days

Rule 39 applied on 28/10/19 and lifted on 07/11/19 (the measure to have the applicant “transferred to an accommodation with reception conditions which are compatible with Article 3 of the Convention and the applicant’s particular status until his departure to the United Kingdom”).

Conditions of detention in Drapetsona police station (10/10/19 – 29/10/19):

The applicant’s version: detained alone in a dirty and insect infested cell of 5 square meters with barred windows and no daylight; slept on a cement bench; no mattress or other materials and blankets provided by his step-uncle; no toilet or washing facilities; no shower for more than two weeks and was required to report to police officers to use the toilet; had scabies, not provided with adequate medicine or the appropriate facilities to manage his condition; permitted to leave the cell to access the bathroom; no access to fresh air, social interactions or support and activities suitable for a child such as a social worker, psychologist, or entertainment.

The Government’s version: held in the temporary holding area, which is separate from other detention cells. During this period, the applicant was kept alone; the detention facilities had adequate ventilation and lighting, but there were no outdoor areas. Cleaning was done by a contracted team. Meals were provided daily. Phone access was facilitated without phone cards for lawyers or first-degree relatives.

3.

56843/19

R. A. and M. A.

v. Greece

31/10/2019

Eleni VELIVASAKI

R. A., 2002,

Afghan

M. A., 2004,

Afghan

08/09/19; yes, 22/10/19; no.

08/09/19 - Soufli Border Police Station;

12/09/19 - Fylakio RIC;

13/09/19 - Orestiada PDC (Gov.)

13/09/19 (app.) or 14/09/19 (Gov.) - 20/09/19 - Xanthi PDC (after deportation decisions (provided in Greek only (app.) / informed by an interpreter (Gov.)) were suspended on 20/09/19, the applicants travelled to Athens by their own means and temporarily stayed in various locations);

22/10/19 - Piraeus Police Station (protective custody);

25/10/19 - Nikaia Police Station;

08/11/19 – Tagarade shelter for unaccompanied minors;

21/07/20 - transferred to Germany under Dublin III to be reunited with brother.

Duration of detention in police stations – 7 days; in PDCs – 8 days.

Rule 39 applied on 04/11/19 and lifted on 17/12/19 (the measure to have both applicants transferred “to an establishment appropriate for their age and their specific needs”)

Fylakio RIC:

The applicants’ submissions: registered as adults and asylum claims registered; did not conceal their birth certificate; restriction of liberty ordered; were not examined by the RIC’s Medical unit or informed of their rights.

The Government’s submissions: informed of their rights through an interpreter; both registered as adults, did not look like minors, and concealed their Tazkera (Afghan ID document); informed by interpreter of the reasons for their detention and their right to appeal the decision.

Xanthi PDC:

The applicants’ submissions: no Farsi interpretation was available; not informed of their rights.

The Government’s submissions: accommodated in a six-person room with a window to allow in sunlight and fresh air, an A/C and radiators; hot water was available; a bed and mattress in excellent condition, a fridge, TV, wardrobe and plastic table and chairs; bedding which was renewed at regular intervals; rooms were cleaned by a private cleaning contractor; washing and drying machines. provided with personal hygiene items and clothing; could move freely outside their rooms; a staffed health unit (one doctor, five nurses, one psychologist, one social worker and one interpreter) open 24 hours a day; upon arrival they were examined by a doctor.

Piraeus Police Station

The applicants’ submissions: detention with adults; slept of the floor without blankets and had limited access to the toilet and washing facilities.

The Government’s submissions: meals were provided daily; sanitary conditions were good, and the premises were cleaned daily.

Nikaia Police Station

The applicants’ submissions: detained in a cell with beds only; no yard access, fresh air, or natural light; could not leave their cell for ten days; no access to recreational activities; could only communicate with the outside world when the police returned their phones for short periods; not seen by a psychologist; only seen for a few minutes by a social worker privately appointed by their lawyer who spoke to them through bars.

The Government’s submissions: No adults were held there, and the detention area was laid out to ensure basic, fundamental rights are not violated.

4.

61303/19

A. M. v. Greece

27/11/2019

Aliki POTAMIANOU

A.M., 2003,

Afghan

07/10/19; no (despite having demonstrated national ID); yes, according to the Government - provisional guardianship was assumed by an authorised representative of unaccompanied minors by authorisation of the Public Prosecutors Office of the Orestiada First Instance Court. The applicant disputed this submission, having noted that no further action was taken after the notice to the Public Prosecutor had been sent.

07/10/19 - Fylakio RIC;

17/12/19 - an accommodation centre for unaccompanied minors.

Duration of detention in PDCs – 63 days.

Rule 39 applied on 27/11/19 (the measure a) treat the applicant as unaccompanied minor until an age assessment has been

performed (if deemed necessary and doubts exist as regards his actual age); b) transfer the applicant to an accommodation with reception conditions which are compatible with Article 3 of the Convention and the applicant’s particular status; c) clarify and, as appropriate, facilitate the lodging of the applicant’s asylum request and family reunification request.”).

Fylakio RIC

The applicant’s submissions:

expressed wish to be reunited with uncle in Germany and presented his Tazkera showing he was a minor. That day, issued with a detention order. Slept on the floor with a thin mattress and blanket in an overcrowded container with 15 people, including adults. The conditions of the facility were dirty and unhygienic including an inadequate drainage system which meant that open sewage flowed directly beneath the applicant’s container causing it to smell putrid. The applicant’s access to the shower was limited by the authorities, there was mostly no hot water, and he was only provided with a bar of soap. The applicant only had one set of clothing which could not be washed and was not weather appropriate. The applicant suffered from severe back and chest pain but did not receive adequate medical care.

The Government’s version: Upon arrival informed of his rights by an interpreter. The registration of his details was done in the presence of an authorised representative of unaccompanied minors and an interpreter. A restriction of freedom order was issued by the Director. The applicant was accommodated with other minors in Wing E.

5.

15463/20

R. H. and R. A.

v. Greece

30/03/2020

Ioanna Maria TZEFERAKOU

R. H. 2008,

Syrian

R. A. 2007,

Syrian

02/03/20 and 01/03/20 respectively; yes, on the same dates; no.

15/03/20 – Malakasa camp

07/05/20 and 08/05/20, respectively - accommodation structure for unaccompanied minors.

18/01/21 - R.H. transferred to the Netherlands under the “Voluntary relocation from Greece” programme.

07/04/21 – R.A. transferred to Germany under Dublin III for family reunification.

Port of Mytilene (reception conditions) up to 15/03/20:

The applicants’ submissions: upon arrival taken into custody, registered as unaccompanied minors, and issued with detention orders which were only provided in Greek and were not translated to them. The applicants were denied access to the asylum procedure. The applicants were detained in degrading conditions for two weeks in the port of Mytilene and on a Hellenic Navy vessel.

The Government’s submissions in respect of R.H.

06/03/2020 provisional detention decision issued. Informed in writing for the reasons for his detention in a language he understood. Held in the passenger terminal of the Port of Mytilene. Slept on a mattress and had access to chemical toilets. Provided with three meals and water daily. Had access to outdoor space in the specially laid out premises of the Port. Medical staff available daily.

The Government’s submissions in respect of R.A.

05/03/20 provisional detention decision issued (held in conditions similar to conditions of detention in respect of R.H.).

Malakasa camp (living conditions) from 15/02/20:

The applicants’ submissions:

In Malakasa the applicants were detained in tents in degrading conditions. Detained with adults for two months in a facility that holds 1,200 people. Slept on the floor without a mattress and had limited access to toilets, water, and electricity. Not provided with Covid-19 protection including masks or hygiene products. No access to sufficient medical care or clothing. No access to education or recreational activities.

30/03/2020 following a complaint by the applicants, the Greek Ombudsman requested the authorities separate the applicants from adults.

06/04/2020 asylum applications registered. The Government assured the Court that the applicants would “soon be transferred”.

07/04/2020 provided with a note releasing the applicants from detention but remained held in the same location under the same conditions. The Ministry of Public Order announced Malakasa camp will remain closed for public health reasons.

The Government’s submissions:

15/03/20 accommodated in the Malakasa centre. While there was no separate area for unaccompanied minors the applicant’s safety was not at stake as there was “the delimitation of the space reserve for them and there is sufficient staff to protect them”. Housed in tents, provided with food three times a day, personal hygiene items and clothing. Sanitary facilities included 18 water taps, 72 chemical toilets and 60 showers. A protection crew operated in the camp including social workers, psychologists, and legal advisors. A lockdown was imposed to prevent the spread of COVID-19. Applicant’s state of health examined by teams of Red Cross who visited the structure. The Government submits that all residents in Malakasa could exercise in the courtyard.

07/04/20 released from detention and deportation decision suspended, but remained in the camp until the accommodation appropriate for their needs could be found.

6.

19803/20

M.A. and Others

v. Greece

15/05/2020

Maria-Louiza KARAGIANNOPOULOU

Zikos KOLETSIS

Klotildi-Stephania PROUNTZOU

1. M. A., 2004,

Bangladeshi
 

not applicable as no complaint about the reception conditions was submitted

According to the applicant, he had been homeless for some time after unsuccessful attempts to request asylum.

25/02/20 - Syntagma Police Station (administrative detention) pending the execution of a return order;

28/02/20 - Dafni Police Station (app.).

05/03/20 (app.) or 28/04/20 (Gov.) - Pagkrati police station.

25/05/20 - Amygdaleza PDC (app.);

02/06/20 - shelter for unaccompanied minors.

Duration of detention in police stations and PDC – 3 months 8 days;

2. L. A., 2004,
Syrian
 

not applicable as no complaint about the reception conditions was submitted

The Government’s submissions as to events before 25/05/20:

03/06/19 - 04/02/20 - Samos RIC.

04/02/20 - 19/02/20 - hospitality centre, from where the applicant had absconded.

19/02/20 – 25/05/20 – Dafni, Pangrati and Amygdaleza PDC.

The applicant’s submissions:

19/02/20 - Kolonos Police Station (protective custody); Dafni Police Station;

05/03/20 - Pagkrati Police Station;

23/04/20 - Kolonos Police Station;

25/05/20 – 14/07/20 transferred to Ritsona camp’s safe zone from where he absconded (Gov.);

The applicant suffered from leg pain during his time in detention.

Duration of detention in police stations – 3 months and 6 days.

3. U. A., 2004,
Pakistani

not applicable as no complaint about the reception conditions was submitted

The Government’s submissions as to events before 13/04/20:

06/02/18 - 12/04/18 shelter for unaccompanied minors from where he was delisted;

22/11/18 - 07/12/18 placed in protective custody (place of detention not submitted)

19/04/18 - 28/06/18 - a shelter for unaccompanied minors;

28/06/18 – 12/11/18 – another shelter for unaccompanied minors from where he had absconded;

22/11/18 - 07/12/18 - Amygdaleza PDC (protective custody)

07/12/19 - 28/12/19 – another shelter for unaccompanied minors from where the applicant absconded;

06/03/19 - Amygdaleza PDC (protective custody);

01/04/19 - 15/04/19 - a temporary shelter for unaccompanied minors, from where the applicant absconded;

15/04/19 - Omonia Police Station for one day (protective custody); then transferred to Amygdaleza PDC;

13/05/19 - 20/05/19 - Diavata camp safe zone from where the applicant absconded;

28/05/19 - Omonia Police Station (protective custody);

29/05/19 - Amygdaleza PDC;

24/06/19 - a temporary accommodation centre for unaccompanied minors.

13/08/19 - hospitality centre from where the applicant absconded on the same day;

25/09/19 - Amygdaleza PDC (protective custody);

17/10/19 - 21/10/19 Langadikia camp’s safe zone, from where the applicant absconded;

22/11/19 Migdonia Police Station (protective custody);

15/01/20 - 11/03/20 Kavala camp’s safe zone, from where the applicant absconded;

Events as of 13/04/20:

13/04/20 - Patisia Police Station (protective custody)

14/04/20 transferred to Pagkrati Police Station;

03/06/20 – shelter for unaccompanied minors.

The applicant alleged to have suffered from scabies and tonsilitis in detention. The applicant submits he was not provided with antibiotics despite them being prescribed.

Duration of detention in police stations– 1,5 months

4. Z. R., 2003,
Pakistani

not applicable as no complaint about the reception conditions was submitted

01/03/20 - Acropolis Police Station.

02/03/20 - Zografou Police Station (app.);

15/03/20 or 07/05/20 (Gov.) - Pagkrati Police Station (protective custody);

15/05/20 - Amygdaleza PDC (app.);

03/06/20 – shelter for unaccompanied minors;

The applicant asserted to have suffered from scabies.

Duration of detention in police stations – 3 months

5. A. A., 2003,
stateless (born in Kuwait)

not applicable as no complaint about the reception conditions was submitted

The Government’s submissions as to events before 16/02/20:

21/06/19 - Samos RIC;

08/08/19 - 18/08/19 - a hospitality centre, from where the applicant absconded;

02/10/20 - 18/02/20 - Koutshochero camp, from where the applicant absconded;

16/02/20 placed in protective custody.

Events as of 19/02/19:

19/02/20 - Kolonos police station and then Dafni Police Station;

05/03/20 (app.) - Pagkrati Police Station;

29/04/20 - Kolonos Police Station;

13/05/20 diagnosed with scabies at Andreas Syngros hospital and given a 20-day treatment. Transfer to Ritsona camp suspended until the completion of treatment;

15/05/20 - Pagkrati Police Station;

03/06/20 – 14/07/20 - Ritsona camp’s safe zone from where the applicant absconded

18/09/20 – assignment to a shelter for unaccompanied minors (Gov.);

06/11/20 - accommodation request cancelled due to applicant absconding from Greece (Gov.).

Duration of detention in police stations– 3 months and 15 days

6. L. I., 2003,

Congolese



 

not applicable as no complaint about the reception conditions was submitted

03/02/20 (app.) – 03/02/20 (Gov.) - Dafni Police Station;

05/03/20 - Pagkrati Police Station;

29/05/20 - Agia Eleni camp’s safe zone.

During his detention in the abovementioned police stations the applicant asserts to have suffered from scabies and was transferred to hospital due to retrosternal pain.

Duration of detention in police stations – 3 months and 27 days

7. M. H., 2003,
Pakistani

not applicable as no complaint about the reception conditions was submitted

15/01/20 - Omonia Police Station (administrative detention), then Dafni Police Station;

05/03/20 - Pagkrati Police Station;

28/04/20 - Amygdaleza PDC; a social report attests to the applicant’s self-harming while detained in Amygdaleza.

27/05/20 - accommodated with an NGO, execution of a return decision suspended.

Duration of detention in police stations and PDC – 4 months and 12 days.

8. A. A., 2002, Egyptian
 

not applicable as no complaint about the reception conditions was submitted

17/01/20 or 20/01/20 (Gov.) – Paleo Faliro Police Station (protective custody); then Dafni Police Station (app.).

05/03/2020 - Pagkrati Police Station (app.);

04/05/2020 - Kolonos Police Station (app.);

25/05/20 – 29/10/20 - Ritsona camp’s safe zone.

The Government submitted that the delay in transfer had been due to suspension of transfers to camps during first wave of COVID-19 pandemic; that the applicant had psychiatric issues and he had been scheduled for two appointments with a hospital and Mental Health centre June 2020; that on 29/10/20 the applicant had absconded from the Ritsona camp).

Duration of detention in police stations – 4 months 8 days

9. A. H., 2002, Bangladeshi
 

not applicable as no complaint about the reception conditions was submitted

13/12/19 - Pagkrati Police Station;

15/02/20 - Dafni Police Station;

06/03/20 (Gov.) - Amygdaleza Internal Affairs Directorate recommend the discontinuance of the applicant’s detention;

10/03/20 (app.) or 06/03/20 (Gov.) - Pagkrati Police Station (protective custody);

28/04/20 - 08/07/20 - Amygdaleza PDC. Despite being assigned, on 27/05/20, to a hospitality centre he was not transferred due to medical reasons; according to the applicant, despite Government submissions to the Court on 03/06/20 that the applicant would be transferred to NGO accommodation in three days, the applicant was detained until 08/07/20, the date that he turned 18 years old. On this day, the applicant was released and was not provided with reception conditions (accommodation request cancelled).

Duration of detention in police stations and PDC – 7 months.

10. T. K., 2002,
Syrian

not applicable as no complaint about the reception conditions was submitted

The Government’s submissions as to events before 01/02/20

09/11/19 - Amygdaleza PDC (protective custody);

09/12/19 - 13/12/19 a temporary shelter for unaccompanied minors from where the applicant absconded.

01/02/2020 - Dafni Police Station (protective custody);

Events as of 01/02/20:

01/02/20 - Agios Dimitrios Police Station;

17/02/20 - Dafni Police Station.

05/03/20 - Pagkrati Police Station.

29/04/20 - Kolonos Police Station.

22/05/20 – 28/05/20 Ritsona camp safe zone (from the app. allegedly absconded, according to the Gov.).

In an information note dated 22/05/20 the Public Prosecutor’s Office detailed that they had not been informed about the applicant and thus had not taken steps to secure his transfer to an appropriate structure.

Duration of detention in police stations – almost 4 months

11. M.A., 2002,

Syrian

not applicable as no complaint about the reception conditions was submitted

27/02/20 - Kolonos Police Station, then Dafni Police Station (protective custody);

05/03/20 - Pagkrati Police Station (app.);

29/04/20 (app.) or 30/04/20 (Gov.) - Kolonos police station.

27/05/20 – shelter for unaccompanied minors.

Duration of detention in police stations – 3 months

Conditions of detention in the police stations (application no. 19803/20)

The applicants’ submissions:

Pagkrati Police Station

Pagkrati Police Station had insufficient lighting, ventilation, and yard space. The applicants were not provided with toilet paper, cleaning material or Covid-19 protection. The applicants were cut off from the outside world with no phone cards and limited access to their mobile phones. The mattresses were dirty, and they had to share a bathroom that was not cleaned and did not have a door for privacy. The applicants did not have access to a doctor during their detention.

Kolonos Police Station

The applicants were held in inappropriate conditions. The facility was overcrowded, without a courtyard and without space to walk inside. The facility’s ventilation and lighting were insufficient, and the food quality was poor. There was no implementation of Covid-19 personal protection and there was an absence of medical staff.

The applicants also complained about incidents of violence against them by a police officer.

The Government’s submissions:

“Protective custody” is not a form of detention. The applicants’ transfer to police stations did not qualify as “arrest”.

The applicants were not locked in cells or treated like prisoners. They were able to leave the cells and move inside communal station areas. They could not go outside as there was no outside grounds in the police stations. The holding cells were equipped with full sanitary facilities, hot water, heating, adequate ventilation and lighting, fixed beds, mattresses, and bedding.

The meals and drinks provided were adequate. The minors were only in the police stations for a short period and for those who stayed longer it was only for the period that was strictly necessary. During this time police made every effort to make their stay humane. Every effort was made to adapt police premises to the needs of minors. Every effort was made for their entertainment and their continued contact with the outside world.Kolonos Police Station was visited by the UNHCR, the Public Prosecutor for Minors and the Ombudsman.

Conditions of detention in Amygdaleza PDC (application no. 19803/20)

The applicants’ version: the applicants were detained with other unaccompanied children in inhuman and degrading conditions. They applicants detained in containers with insufficient beds, so every night some of the occupants slept on the floor. The blankets and sheets were insufficient to keep them warm. The windows of one of the containers was broken and another container’s windows did not close leaving the spaces very cold. The containers were without electricity in the evenings. The containers were not cleaned and they were not provided with cleaning materials, sufficient hygiene products or protection materials for Covid-19. Access to the toilet was challenging as it was shared by fifty others, it was filthy, and they did not have access to hot water. They were not provided with towels or a change of clothing meaning they remained in the same clothes from their arrival to the structure.

There was no provision of recreational activities, and the food was of a poor quality.

The Government’s version: unaccompanied minors were accommodated in a special wing of 12 containers, accommodating eight people with two toilets per container and a bathroom with hot water and A/C per container.

Health, interpretation, psychiatric and psychological services provided. Detainees could be transferred to public hospital. During the applicants’ detention all necessary medical check-ups took place.

Personal hygiene items provided at regular intervals.

Unaccompanied minors were able to access the courtyard daily. Access to games, activities and a 5x5 football pitch.

One container acted as a place of worship, and another was for recreational use.

Meals were provided three times a day.