H.A. AND OTHERS v. GREECE - 19951/16 (Judgment : Article 5 - Right to liberty and security : First Section) French Text [2019] ECHR 182 (28 February 2019)

H.A. AND OTHERS v. GREECE - 19951/16 (Judgment : Article 5 - Right to liberty and security : First Section) French Text [2019] ECHR 182 (28 February 2019)

The Court found that the applicants' detention in police stations and the Diavata centre, due to lack of suitable accommodation, exposed them to conditions amounting to degrading treatment contrary to Article 3. The detention was not a measure of last resort, lacked appropriate safeguards, and was not sufficiently brief, violating Article 5 §1. There was also a violation of Article 5 §4 due to the absence of effective remedies to challenge the lawfulness of their detention.

Citation
[2019] ECHR 182
Parties
Applicants: H. A. and Others; Respondent: Greece
Jurisdiction
European Union
Judgment Date
28 February 2019
Procedural Posture
Application Under Article 34 ECHR / Judgment (first Section)
Outcome
Application allowed in part; violations found
Legal Topics
Detention of Minors, Conditions of Detention, Right to Liberty and Security, Procedural Safeguards, Treatment of Unaccompanied Minors
Human Rights Law Immigration Law Detention of Minors Conditions of Detention Right to Liberty and Security Procedural Safeguards Treatment of Unaccompanied Minors

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Parties

H. A. and Others

Applicants

Greece

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (first Section)

Legal Issues

  1. 1 Whether the detention of unaccompanied minors in police stations and the Diavata centre violated Article 3 (prohibition of inhuman or degrading treatment) and Article 5 (right to liberty and security) of the Convention, alone and in conjunction with Article 13 (right to an effective remedy)

Ratio Decidendi

The Court found that the applicants' detention in police stations and the Diavata centre, due to lack of suitable accommodation, exposed them to conditions amounting to degrading treatment contrary to Article 3. The detention was not a measure of last resort, lacked appropriate safeguards, and was not sufficiently brief, violating Article 5 §1. There was also a violation of Article 5 §4 due to the absence of effective remedies to challenge the lawfulness of their detention.

Court Disposition

Application allowed in part; violations found

Orders

  • Greece to pay each applicant EUR 4,000 in respect of non-pecuniary damage within three months
  • Greece to pay applicants EUR 6,000 jointly for costs and expenses