N.H. v Greece [Articles 3, 5(1), 5(2), 5(4), 13], case communicated 14 October 2015

Date: 
Wednesday, October 14, 2015

The case of N.H. v Greece relates to an Iraqi national who claimed asylum in Greece. He complains of a violation of Article 3 ECHR in relation to the conditions of his detention; a violation of Articles 3 and 13 ECHR due to the lack of an effective remedy to challenge his detention conditions; a violation of Articles 3 and 13 due to failures in the system of examining his asylum claim which exposed him to the risk of deportation to Turkey and/or Iraq. In addition, he relies on Article 5(1), 5(2) and 5(4) ECHR, alleging that his detention was arbitrary, he was not adequately informed of the reasons of his detention, and that the system of judicial review of detention was inefficient and hindered by the impossibility of obtaining legal aid.

The ECtHR has requested information from the Greek government on all these matters, with particular reference to its previous judgment in M.S.S. v. Belgium and Greece.

Based on an unofficial ELENA translation. 



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Keywords: 
Detention
Effective access to procedures
Effective remedy (right to)
Non-refoulement