Published on 20 December 2021
FIRST SECTION
Application no. 15913/20
N.S. and Others
against Greece
lodged on 7 April 2020
communicated on 2 December 2021
SUBJECT MATTER OF THE CASE
The application concerns the living conditions of the applicants, two of whom were pregnant at the time of lodging their application with the Court. The first applicant subsequently gave birth to the third applicant. They lived at the time in tents in the forest outside the Samos “hotspot”. Rule 39 of the Rules of Court was applied.
The applicants invoke Articles 3, 8 and 13 of the Convention. Applicant no.1 further complains under Article 34 that the Government have not implemented the interim measures indicated by the Court.
QUESTIONS TO THE PARTIES
1. Having regard to the fact that the applicants were at an advanced stage of pregnancy, and that according to their allegations they did not have access to the required/appropriate healthcare, were their living conditions compatible with Article 3 and/or Article 8 of the Convention?
2. Did the applicants have at their disposal an effective remedy to complain about their living conditions, as required under Article 13 of the Convention?
3. In respect of applicant no.1, 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 applicant’s 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)?
APPENDIX
No.
Applicant’s Name
Year of birth/registration
Nationality
Represented by
1.
N. S.
2000
Syrian
Ingrid METTON
2.
A.A.
1989
Syrian
Ingrid METTON
3.
F. L.
2020
Syrian
Ingrid METTON