ECtHR - S.G. v. Greece (no. 46558/12) [Article 3], 18 May 2017

Thursday, May 18, 2017

On 18 May 2017, the ECtHR delivered its ruling in case S.G. v. Greece (no 46558/12), which concerned an Iranian national who arrived in Greece in August 2011, had his asylum application rejected and who was detained pending his transfer to Turkey under the bilateral agreement between the two countries. He appealed against the rejection of his asylum application and was released from detention. He claimed not having obtained a response to his request for social aid before the Ministry of Social Solidarity, which forced him to leave in the streets without access to water, food and sanitation facilities. The applicant complained under Article 3 and 13 ECHR regarding the deficiencies of the asylum procedure in Greece, his living conditions after his release from detention, and the risk of being returned to Turkey and Iran.
With regard to the deficiencies in the Greek asylum procedure, the Court notes that even if there was a small delay in registering the applicant’s asylum claim, this did not have a consequence to the applicant’s situation. Moreover, the applicant did not present himself before the authorities, as requested, and has not renewed his asylum seeker card. Therefore, it finds that the applicant did not exhaust all domestic remedies in that regard. Concerning the risk of expulsion to Turkey and Iran, the Court declared the complaint inadmissible ratione personae as the applicant lost the victim status after leaving for the UK. However, drawing on its judgment in M.S.S. v. Belgium and Greece, the Court found a violation of Article 3 ECHR due to the failure of national authorities to provide the applicant with adequate living conditions since his release from detention.

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Inhuman or degrading treatment or punishment
Material reception conditions
Reception conditions