Committee of Ministers: Latest decision in status of execution of M.S.S. and Rahimi groups v. Greece

Thursday, June 6, 2019

The Council of Europe Committee of Ministers released its decision in the supervision of the execution of the M.S.S. and Rahimi groups v. Greece following its 1348th meeting from 4-6 June 2019.

With regard to asylum procedures, the Committee recognized the improvements made by Greek Authorities and the notable increase in the overall rate of granting asylum. However, the Committee expressed concern with the delays in asylum procedures, especially with the increase in arrivals, as well as the deficiencies of the appeals procedure which have been reported by the Greek Ombudsman and expert NGOs.

The Committee recognized progress made in the area of living conditions of asylum applicants, particularly given the continued high number of arrivals. However, they expressed concern that the living conditions remain critical and called on the authorities to step up efforts. It further called on authorities to implement the recommendations of the Council of Europe Commissioner for Human Rights on the need to improve health care provision to asylum seekers and irregular migrants in detention.

Concerning unaccompanied minors, the Committee welcomed the new law on guardianship but expressed concern about the inadequate number of suitable places available in accommodation facilities for minors and the significant number of minors placed in “protective custody” or in reception centres at the borders. It called on the authorities to intensify their efforts to increase the capacity of accommodation suitable for unaccompanied minors.

With regard to detention, the Committee noted that domestic and ECtHR case law has evolved to grant access to an effective remedy for those held in detention and decided to cease monitoring of this aspect. It noted that the Committee for the Prevention of Torture (CPT) visits in 2018 found that some immigration detention centres provided decent conditions, but expressed concern at the number of police stations and immigration facilities found by the CPT to be below Convention standard, as well as at the continued detention of unaccompanied minors.

The Committee decided to resume examination of these cases at their September 2020 DH meeting.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.



Inhuman or degrading treatment or punishment
Reception conditions