M.B. v. GREECE - 8389/20 (Article 3 - Prohibition of torture : Fifth Section Committee) [2023] ECHR 928 (23 November 2023)

M.B. v. GREECE - 8389/20 (Article 3 - Prohibition of torture : Fifth Section Committee) [2023] ECHR 928 (23 November 2023)

The applicant's living conditions in the Samos RIC, while pregnant and in need of specialised care, subjected her to treatment exceeding the threshold of severity required to engage Article 3 of the Convention, given the overcrowding, inadequate shelter, medical support, and sanitation, as corroborated by third-party reports and national bodies.

Citation
[2023] ECHR 928
Parties
Applicant: M. B.; Respondent: Hellenic Republic
Jurisdiction
European Union
Judgment Date
23 November 2023
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Violation of Article 3 of the Convention found; application admissible; partial award of damages and costs.
Legal Topics
Reception Conditions for Asylum Seekers, Treatment of Pregnant Women, Article 3 ECHR, Article 8 ECHR
Human Rights Law International Law Reception Conditions for Asylum Seekers Treatment of Pregnant Women Article 3 ECHR Article 8 ECHR

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Parties

M. B.

Applicant

Hellenic Republic

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether the applicant's living conditions in the Samos RIC violated Article 3 of the Convention
  2. 2 Whether the applicant's particular needs as a pregnant woman were accommodated

Ratio Decidendi

The applicant's living conditions in the Samos RIC, while pregnant and in need of specialised care, subjected her to treatment exceeding the threshold of severity required to engage Article 3 of the Convention, given the overcrowding, inadequate shelter, medical support, and sanitation, as corroborated by third-party reports and national bodies.

Court Disposition

Violation of Article 3 of the Convention found; application admissible; partial award of damages and costs.

Orders

  • Respondent State to pay applicant EUR 5,000 in respect of non-pecuniary damage, plus any tax.
  • Respondent State to pay applicant EUR 1,000 in respect of costs and expenses, plus any tax.