Communicated cases against Greece: A.R. and others

Friday, January 29, 2021

The case of A.R. and others v Greece (application no. 59841/19) concerns the living conditions of the applicants, who have health issues, on the hotspots of Kos, Samos, Chios and Lesvos, and their medical follow-up. In this context, the European Court of Human Rights asked, first, whether the applicants’ living conditions constitute inhuman and degrading treatment within the meaning of Article 3 ECHR and whether they have been subjected to medical monitoring and treatment appropriate to their state of health. Secondly, the Court asked whether, in one case, the applicant had at her disposal, as required by Article 13 ECHR, an effective domestic remedy through which she could have complained of a breach of Article 13 ECHR concerning her living conditions and the alleged lack of medical care. Additionally, the Court asked, referring to Article 13 jcto. Article 3 ECHR, whether there were deficiencies in the identification and asylum procedure with regard to certain applicants and whether there was a failure to comply with Article 34 ECHR, given that a breach of the Court’s Rule 39 interim measures was alleged. Finally, the Court asked a number of questions relating to the compatibility of their detention with Articles 3, 5(1), 5(2) and 5(4) ECHR.

Based on an unofficial translation by the EWLU team.

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
Material reception conditions
Reception conditions
Vulnerable person