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EDAL case summaries

ECtHR – J.R. and others v. Greece, Application no. 22696/16, 25 January 2018

Country of Applicant: Afghanistan
Keywords: Accommodation centre, Detention, Effective remedy (right to), Health (right to), Inhuman or degrading treatment or punishment, Legal assistance / Legal representation / Legal aid, Material reception conditions

The ECtHR ruled that there had not been a violation of Article 5(1) ECHR in the applicant’s detention at the VIAL hotspot, a day after the entry into force of the EU-Turkey Statement. It also ruled that the threshold of severity required for their detention conditions to be considered as inhuman or degrading treatment had not been reached.

However, the ECtHR found that Greece violated the applicant’s rights under Article 5(2) by not providing them with detailed, understandable information about the reasons for their detention and the remedies...
Date: 25-01-2018

Germany - Bavarian Administrative Court (Munich), 7 January 2015, M 11 S 14.50682

Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Benefit of doubt, Detention, Dublin Transfer, Effective access to procedures, Effective remedy (right to), First country of asylum, Health (right to), Inhuman or degrading treatment or punishment, Integration measures, Personal circumstances of applicant, Reception conditions, Refugee Status

Where negative reports regarding the reception conditions and inhuman or degrading treatment in a first country of asylum indicate that an Applicant may not be safe in such a country, an Applicant’s request to remain in a Member State pending a decision on their right to remain must be given the benefit of doubt and outweigh the public’s interest in immediate enforcement of the ordered transfer.
Date: 07-01-2015

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