Published on 14 June 2021
FIRST SECTION
Application no. 14969/20
E.A. and H.A.A. against Greece
and 5 other applications
(see list appended)
communicated on 25 May 2021
SUBJECT MATTER OF THE CASES
The applications concern the living conditions of the applicants, pregnant women at the time of lodging the applications with the Court or mothers with their new-born babies. They lived either in tents in the forest outside Samos hotspot, or in a container inside the hotspot. The applicants requested interim measures under Rule 39 of the Court, which were granted (except for applicant no. 1 in application no. 43170/20).
The applicants invoke Article 3 of the Convention. The applicants in applications nos. 14969/20, 17828/20, 24143/20 and 43170/20 also complain under Article 8 of the Convention and the applicants in applications nos. 17828/20 and 43170/20 further invoke Article 13 of the Convention. Lastly, several of the applicants complain that the Government have not implemented the interim measures ordered by the Court.
QUESTIONS TO THE PARTIES
1. Having regard to the fact that the applicants were pregnant at an advanced stage or mothers with new-born babies, were their living conditions inside or near Samos hotspot compatible with Article 3 and/or Article 8 of the Convention?
2. In respect of applications nos. 14969/20, 17182/20 (concerning adequate healthcare compatible with the first applicant’s state of health in view of the document from Samos hospital dated 31/01/2020) and 43170/20 (relating to applicant no. 4), having regard to the measures taken in response to the Court’s decisions to indicate interim measures under Rule 39 of the Rules of Court, was there a hindrance by the State with the effective exercise of the applicants’ right of application, ensured by Article 34 of the Convention (see Mamatkulov and Askarov v. Turkey [GC], nos. 46827/99 and 46951/99, §§ 128-129, ECHR 2005‑I)?
Was there an objective impediment which prevented compliance with the Court’s interim measures? If so, did the Government take all reasonable steps to remove the impediment and to keep the Court informed of the situation (see Paladi v. Moldova [GC], no. 39806/05, § 92, 10 July 2009, and Rrapo v. Albania, no. 58555/10, § 75-88, 25 September 2012)?
3. In respect of applicant no. 1 in application no. 17182/20, did she receive appropriate medical care for her health problems (epilepsy) in accordance with the requirements under Article 3 of the Convention?
4. Did the applicants in applications nos. 17828/20 and 43170/20 have at their disposal an effective remedy as required under Article 13 of the Convention to complain about their living conditions?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Nationality
Represented by
1.
14969/20
E.A. and H.A.A. v. Greece
24/03/2020
E.A.
1989
Syrian
H.A.A.
2020
Syrian
Jenny FLEISCHER
2.
17182/20
A.H. and K.A. v. Greece
24/04/2020
A.H.
1995
Syrian
K.A.
2020
Syrian
Ingrid METTON
3.
17828/20
R.A. and Y.A. v. Greece
22/12/2020
R.A.
1995
Syrian
Y.A.
2020
Syrian
Ingrid METTON
4.
24143/20
A.K. and J.N.S. v. Greece
22/06/2020
A.K.
1999
Ghanian
J.N.S.
2020
Ghanian
Jenny FLEISCHER
5.
31933/20
N.M. and X.M. v. Greece
30/07/2020
N.M.
1994
Congolese
X.M.
Congolese
Ingrid METTON
6.
43170/20
Z.H. and Others v. Greece
01/10/2020
Z.H.
1998
Afghan
F.G.
1998
Afghan
N.E.
1994
Congolese
R.N.
2000
Congolese
X.N.
2020
Congolese
Ingrid METTON
Full & Egal Universal Law Academy