B.Y. v. GREECE - 60990/14 (Judgment : No Article 3 - Prohibition of torture : Applicant who has not provided prima facie evidence in support of his version of the facts of his deprivation of liberty and his surrender to the Turkish authorities by Greek police officers who ill-treated him : First Section) French Text [2023] ECHR 81 (26 January 2023)

B.Y. v. GREECE - 60990/14 (Judgment : No Article 3 - Prohibition of torture : Applicant who has not provided prima facie evidence in support of his version of the facts of his deprivation of liberty and his surrender to the Turkish authorities by Greek police officers who ill-treated him : First Section) French Text [2023] ECHR 81 (26 January 2023)

The applicant failed to provide prima facie evidence of his presence in Greece and of his deprivation of liberty and surrender to Turkish authorities by Greek police. The investigation by Greek authorities was inadequate, particularly regarding the identification of persons involved and timely witness examination, resulting in a violation of Article 3 under its procedural limb. However, due to lack of concrete and concordant evidence, there was no violation of Article 3 under its material limb or of Article 5.

Citation
[2023] ECHR 81
Parties
Applicant: B. Y.; Respondent: Greece
Jurisdiction
European Union
Judgment Date
26 January 2023
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Partially in favor of applicant
Legal Topics
Prohibition of Torture, Right to Liberty and Security, Effective Investigation, Asylum Procedures, State Responsibility
Human Rights Law International Law Prohibition of Torture Right to Liberty and Security Effective Investigation Asylum Procedures State Responsibility

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Parties

B. Y.

Applicant

Greece

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether Greece violated Article 3 (prohibition of torture, inhuman or degrading treatment) of the European Convention on Human Rights under its procedural and material limbs
  2. 2 Whether Greece violated Article 5 (right to liberty and security) of the Convention
  3. 3 Whether the applicant provided prima facie evidence of his deprivation of liberty and surrender to Turkish authorities by Greek police

Ratio Decidendi

The applicant failed to provide prima facie evidence of his presence in Greece and of his deprivation of liberty and surrender to Turkish authorities by Greek police. The investigation by Greek authorities was inadequate, particularly regarding the identification of persons involved and timely witness examination, resulting in a violation of Article 3 under its procedural limb. However, due to lack of concrete and concordant evidence, there was no violation of Article 3 under its material limb or of Article 5.

Court Disposition

Partially in favor of applicant

Orders

  • The Court finds a violation of Article 3 (procedural limb) of the Convention.
  • The Court finds no violation of Article 3 (material limb) or Article 5 of the Convention.