Tag Archive for 'European Court of Human Rights'

European Court of Human Rights found Turkey guilty in the case of Athary v Turkey

Athary v. Turkey (no. 50372/09) [Article 5]

The applicant is an Iranian national who applied for asylum in Turkey in 2004. Pending a decision on his application, he was granted a temporary residence permit. In 2007 he was convicted of a drugs offence and sentenced to 18 moths imprisonment. Following his release in December 2008, he was placed in a foreigners’ removal centre from which he only was released when he was granted refugee status in The Netherlands and moved there in April 2010. He complained under Article 5 of the Convention that his detention in the removal centre had been unlawful, that he had not been informed of the reasons thereof and that he had not had an effective remedy at his disposal to challenge the lawfulness of his detention. The Court found violations of Articles 5(1), 5(2) and 5(4).

For the full text of the judgment please click here.

European Court of Human Rights rulings against Greece for detention conditions 2012

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.
Source

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.
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Dublin’s Trap: Another Side of the Greek Crisis (2012)

Watch: “Dublin’s Trap: Another Side of the Greek Crisis” (2012)
by Bryan Carter