The European Court of Human Rights ruled against Greece in the case of the 29-year-old Chinese Luping Lin, for ill-treatment during detention in Elliniko prison near by Athens in 2010. The European Court of Human Rights has ordered Greece to pay the Chinese citizen 5,000 euros in compensation after wrongly arresting him in Athens and mistreating him during detention. The 29-year-old had entered the country legally in 2006 and obtained a residence permit but was arrested and deported four years later.
kathimerini (in greek)
In the case of Bygylashvili v. Greece of 25. September 2012 Greece was also condemned by the ECHR for detention conditions in Petrou Ralli Aliens Police Directorate. The applicant, Gannet Bygylashvili, a Georgian national, had taken a case against Greece claiming a violation of Article 3 (prohibition of inhuman and degrading treatment). The Court decided that the detention conditions, after her arrest for irregular entry into the country, in the premises of the Attica sub-directorate with responsibility for foreigners, were inhumane due to the fact of over-crowding, lice infestation and poor quality drinking water.
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In the case of Ahmade v. Griechenland of 25. September 2012 Greece was condemned for the detention conditions in two small police stations in Athens. The judgement by the European Court of Human Rights, int the case of Ahmade v. Greece, found that the asylum seeker was wrongfully detained in a police station.
The applicant, Mr Seydmajed Ahmade, is an Afghan national who lives in Athens. He was arrested on several occasions for unlawfully entering Greek territory, and released in August 2008 on condition that he left the country within three months.
In August 2009, Mr Ahmade was arrested for involvement in a fight between foreigners and Greeks. An expulsion order was issued against him and he was placed in detention on the ground that he posed a threat to public order and was likely to abscond.
He was held for 83 days, first in the Aghios Panteleïmon police station, then in the Pagrati police station. Following the dismissal of his asylum application, he was given 60 days to leave the country; he appealed unsuccessfully against that decision.
The Court found that the conditions in which Mr Ahmade had been detained in these police stations, and which had led him to go on hunger strike, constituted a breach of his rights under on Article 3 of the European Convention on Human Rights (prohibition of inhuman and degrading treatment) and Article 13 (right to an effective remedy).
While the details were contested by the Greek government and the applicant had no real proof, the Court nevertheless found that reports by the Greek Public Mediator, the Council of Europe’s Committee for the Prevention of Torture and others on their visits to Greek police stations constituted a sufficient body of evidence that allowed for the applicant’s allegations to be considered as proved “beyond reasonable doubt”.
Since there was no effective judicial remedy available against the detention order, the Court found that there had been a breach of Article 5 of the Convention (right to liberty and security).
Relying on their findings in M.S.S. vs Belgium and Greece, the Court also noted that the persisting failures in the Greek asylum system still did not allow for a fair procedure. Therefore the decision on Mr Ahmade’s asylum application also constituted a breach of Article 3 combined with Article 13 of the Convention.
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