F.E. v. GREECE - 31614/11 (Judgment (Merits and Just Satisfaction) : Court (First Section Committee)) French Text [2016] ECHR 566 (23 June 2016)

F.E. v. GREECE - 31614/11 (Judgment (Merits and Just Satisfaction) : Court (First Section Committee)) French Text [2016] ECHR 566 (23 June 2016)

The Court found that the applicant was detained for two months in conditions of overcrowding and poor hygiene in Soufli and Venna, which constituted degrading treatment in violation of Article 3. The Court held that, at the time, Greek law did not provide an effective judicial remedy to challenge the legality and conditions of detention, resulting in a violation of Article 5 § 4. The Court found no violation of Article 5 § 1, as the detention was based on domestic law and not arbitrary. The Court did not find it necessary to examine separately the complaints under Article 5 § 2 and Article 13 regarding detention conditions, as these were subsumed under the Article 5 § 4 violation.

Citation
[2016] ECHR 566
Parties
Applicant: F. E.; Respondent: Greece
Jurisdiction
European Union
Judgment Date
23 June 2016
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)
Outcome
Partly allowed, partly dismissed
Legal Topics
Detention Conditions, Right to Liberty and Security, Right to an Effective Remedy, Asylum Procedure, Prohibition of Inhuman or Degrading Treatment
Human Rights Law Immigration Law Detention Conditions Right to Liberty and Security Right to an Effective Remedy Asylum Procedure Prohibition of Inhuman or Degrading Treatment

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Parties

F. E.

Applicant

Greece

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment (merits and Just Satisfaction)

Legal Issues

  1. 1 Whether the applicant's detention conditions violated Article 3 of the Convention
  2. 2 Whether there was an effective remedy for the applicant to challenge detention conditions (Article 13)
  3. 3 Whether the applicant's detention was arbitrary or unlawful under Article 5 § 1

Ratio Decidendi

The Court found that the applicant was detained for two months in conditions of overcrowding and poor hygiene in Soufli and Venna, which constituted degrading treatment in violation of Article 3. The Court held that, at the time, Greek law did not provide an effective judicial remedy to challenge the legality and conditions of detention, resulting in a violation of Article 5 § 4. The Court found no violation of Article 5 § 1, as the detention was based on domestic law and not arbitrary. The Court did not find it necessary to examine separately the complaints under Article 5 § 2 and Article 13 regarding detention conditions, as these were subsumed under the Article 5 § 4 violation.

Court Disposition

Partly allowed, partly dismissed

Orders

  • The Court found a violation of Article 3 regarding detention conditions.
  • The Court found a violation of Article 5 § 4 regarding the lack of effective judicial review of detention.