Sh. D and Others v. Greece (no. 14165/16) [Articles 3 & 5] – case communicated 15 March 2016

Tuesday, March 15, 2016

The case of Sh. D and Others v. Greece was communicated on 15 March 2016 and relates to five unaccompanied Afghan minors between 14 and 17 who arrived in Greece at the beginning of the year. One of the applicants was placed in custody in a centre for minors in Polygyros and was later transferred to a reception centre for minors. The others are currently at the Idomeni camp near the border with FYROM. The first applicant complains that the conditions and lawfulness of his detention at Polygyros violate Articles 3 and 5 ECHR. The other applicants allege that the living conditions in the Idomeni camp are contrary to Article 3 ECHR.
The ECtHR’s questions to the parties raise issues relating to the obligations of Greece towards migrants that are unaccompanied minors but who have not sought asylum, and the stage at which protective measures for the benefit of those who have not sought asylum come into effect.

Based on an unofficial ELENA translation.

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Best interest of the child
Inhuman or degrading treatment or punishment
Unaccompanied minor
Vulnerable person