LITIGATION IN GREECE

We litigate cases in front of Greek courts and address severe human rights violations at the European Court of Human Rights.

EUROPEAN COURT OF HUMAN RIGHTS

In front of the European Court of Human Rights, we regularly represent applicants, especially unaccompanied minors and survivors of Senxual and Gender based Violence (SGBV). Additionally, we ask for evacuation from the EU Hotspots.

 

EVACUATION FROM THE EU HOTSPOTS

Application No. 15192/20 - M.A. v. Greece, 26/03/2020


Vial evacuation COVID-19

On 26/03/2020, the European Court of Human Rights ordered the Greek Authorities to provide adequate healthcare to a severely vulnerable applicant living in the Vial Hotspot in interim measures proceedings. The applicant has a pre-existing illness and is particularly vulnerable to complications from COVID-19. He has been trying to see a doctor for months, but has not been able to. The applicants argued that for him, the conditions in Vial amount to degrading or inhumane treatment in the sense of Article 3 ECHR, also because he lives in constant uncertainty and the fear to die from COVID-19 as the conditions put him at a real risk of dying (violating the right to life, Art 2 ECHR). The Court agreed that the State must provide him with adequate medical care. Additionally, the court asked Greece to explain “which measures have been taken or are planned to be put in place at the hotspots in relation to the COVID-19 risk, in particular for vulnerable people like the applicant?” This clearly shows that the Court doubts that Greece has taken adequate steps to protect people from the virus. Find the full decision here.




Application No. 15782/20 - M.A. v. Greece, 07/04/2020


Vial evacuation COVID-19

The European Court of Human Rights in an interim measures proceeding ordered the Greek authorities to transfer an old man with underlying health conditions out of the Vial Hotspot and provide him with adequate healthcare and assistance that is not amounting in an inhumane or degrading treatment – a violation of Art 3 ECHR is ongoing. The claim, submitted by Equal Rights Beyond Borders, argued that the egregious conditions in Vial violated the applicant’s rights from Art 3 and Art 2 (right to life) ECHR, particularly in light of a potential outbreak of COVID-19 in the camp.

The applicant is an old man who has been living in Vial since October 2019. He lives in a small, cramped tent that he shares with several other members of his family. As an older adult with underlying health conditions, he is particularly vulnerable to developing complications from COVID-19. Equal Rights interviewed the applicant regarding his health and measures taken in Vial in response to the COVID-19 emergency. He reported that he has not noticed any significant changes in the camp and that he continues to have limited access to sanitary facilities, running water, and soap. Despite WHO guidelines advising elderly people to self-isolate and practice social distancing, there is no practical way of doing so in Vial, exacerbating the risk that the virus will spread in the camp and he will be infected.

In its 7 April 2020 decision, the Court ruled in favor of the applicant and requested that the Greek authorities “transfer the applicant, or at least guarantee for the applicant an accommodation with reception conditions which are compatible with Article 3 of the Convention and the applicant’s age and to provide to the applicant adequate healthcare and assistance compatible with his state of health.”

The Court’s decision reflects what advocates and aid workers already knew: the measures taken by the Greek government to prepare the Hotspots for COVID-19 are inadequate and put the lives of everyone living in them at grave risk.

Find the full decision here.




Application No. 19614/20 - B.A. v. Greece, 14/04/2020


Pyli evacuation COVID-19

The European Court Of Human Rights (ECHR) again commented on the situation in the Greek hotspots, this time ordering Greece to provide a very pregnant woman and her family with adequate living conditions and healthcare. The family lives in a tiny tent in the Pyli hotspot on Kos, and as a result of their poor living conditions the applicant has experienced pregnancy complications. For her, the court decided that the conditions in Pyli amount to degrading treatment and violate Art 3 ECHR. Covid-19 has caused states to take unprecedented measures to protect its populations and stop the virus’ spread. While most of us are staying home, for refugees and asylum seekers living in the Greek hotspots measures like frequent hand washing and social distancing remain out of reach. Yesterday’s decision shows once again that the Court doubts that Greece has done enough to protect those living in the hotspots. Find the full decision here.





VULNERABLE PERSONS

Application No. 59841/19 - A.R. v. Greece, 21/11/2019


SGBV-evacuation Kos – Lifting of Geographical Restriction The European Court of Human Rights ordered the Greek Authorities to guarantee appropriate living conditions to an asylum seeker who was legally not allowed to leave the island of Kos (so called geographical restriction) and had moved to the mainland without permission. As a result of the court’s decision, the person must be accommodated in Greece in a way does not amount to inhuman or degrading treatment within the meaning of Art. 3 ECHR. The applicant was held unlawfully for more than four months in the Pre-Removal Detention Centre (PRDC) in Kos. She was brought handcuffed to the PRDC and was never given a reason for her detention. She survived gender-based violence in her country of origin, causing her serious gynaecological problems. On Kos, she repeatedly asked to see a doctor, a psychologist, and a lawyer, but the authorities denied her request. The only thing she received to help her with her medical issues were a few painkillers to help her sleep at night. Her situation was so dire and she became so desperate that she ultimately tried to commit suicide. In the PRDC the door that separated the room where the women slept from the men was broken, as well was the door to the shower, causing her severe stress. When she was eventually released, she ended up homeless with no place to sleep. She attempted to stay in the camp in Kos, but authorities there told her it was full and did not let her enter. Instead, she started living in a tent. Even after being released from detention she was still not able to see a doctor or psychologist despite desperately needing both. To try to escape the dangerous conditions on Kos she decided to leave the island without permission and came to the mainland. In accordance with our requests the applicant is accommodated now in a house and her geographical restriction to Kos was finally lifted. Find the full decision here.




Application No. 63074/19 – Z.H. v. Greece, 10/12/2020


Homeless Pregnant Woman with minor child

The ECHR ordered the Greek Authorities to guarantee appropriate living conditions to a pregnant asylum seeker and her very young minor daughter who were homeless in Greece for more than two months.

The mother was completely desperate and could not stand the situation anymore in that she felt she could not take care of her daughter. For almost two months they did not have a place to sleep. They were 'sleeping' on benches, squatted houses or just on the streets, exposing themselves to rain, cold and violence. While receiving food only by donations, the basic needs, also those of the young child, could not be met. Every day they were living with the fear and the stress to find a place in which they would be – somehow – safe.

The situation caused severe stress, made them feel helpless and desperate. It caused mental problems to the minor child in an amount, that she stopped speaking at some point.

The interim measure’s decision obliged the Greek government guarantee appropriate accommodation to the applicants according to their state of health. They have been placed in a shelter.

Find the full decision here.





 

UNACCOMPANIED MINOR REFUGEES

Application No. 15192/20 - M.A. v. Greece, 26/03/2020


Vial evacuation COVID-19

On 26/03/2020, the European Court of Human Rights ordered the Greek Authorities to provide adequate healthcare to a severely vulnerable applicant living in the Vial Hotspot in interim measures proceedings. The applicant has a pre-existing illness and is particularly vulnerable to complications from COVID-19. He has been trying to see a doctor for months, but has not been able to. The applicants argued that for him, the conditions in Vial amount to degrading or inhumane treatment in the sense of Article 3 ECHR, also because he lives in constant uncertainty and the fear to die from COVID-19 as the conditions put him at a real risk of dying (violating the right to life, Art 2 ECHR). The Court agreed that the State must provide him with adequate medical care. Additionally, the court asked Greece to explain “which measures have been taken or are planned to be put in place at the hotspots in relation to the COVID-19 risk, in particular for vulnerable people like the applicant?” This clearly shows that the Court doubts that Greece has taken adequate steps to protect people from the virus. Find the full decision here.




Application No. 15782/20 - M.A. v. Greece, 07/04/2020


Vial evacuation COVID-19

The European Court of Human Rights in an interim measures proceeding ordered the Greek authorities to transfer an old man with underlying health conditions out of the Vial Hotspot and provide him with adequate healthcare and assistance that is not amounting in an inhumane or degrading treatment – a violation of Art 3 ECHR is ongoing. The claim, submitted by Equal Rights Beyond Borders, argued that the egregious conditions in Vial violated the applicant’s rights from Art 3 and Art 2 (right to life) ECHR, particularly in light of a potential outbreak of COVID-19 in the camp.

The applicant is an old man who has been living in Vial since October 2019. He lives in a small, cramped tent that he shares with several other members of his family. As an older adult with underlying health conditions, he is particularly vulnerable to developing complications from COVID-19. Equal Rights interviewed the applicant regarding his health and measures taken in Vial in response to the COVID-19 emergency. He reported that he has not noticed any significant changes in the camp and that he continues to have limited access to sanitary facilities, running water, and soap. Despite WHO guidelines advising elderly people to self-isolate and practice social distancing, there is no practical way of doing so in Vial, exacerbating the risk that the virus will spread in the camp and he will be infected.

In its 7 April 2020 decision, the Court ruled in favor of the applicant and requested that the Greek authorities “transfer the applicant, or at least guarantee for the applicant an accommodation with reception conditions which are compatible with Article 3 of the Convention and the applicant’s age and to provide to the applicant adequate healthcare and assistance compatible with his state of health.”

The Court’s decision reflects what advocates and aid workers already knew: the measures taken by the Greek government to prepare the Hotspots for COVID-19 are inadequate and put the lives of everyone living in them at grave risk.

Find the full decision here.




Application No. 19614/20 - B.A. v. Greece, 14/04/2020


Pyli evacuation COVID-19

The European Court Of Human Rights (ECHR) again commented on the situation in the Greek hotspots, this time ordering Greece to provide a very pregnant woman and her family with adequate living conditions and healthcare. The family lives in a tiny tent in the Pyli hotspot on Kos, and as a result of their poor living conditions the applicant has experienced pregnancy complications. For her, the court decided that the conditions in Pyli amount to degrading treatment and violate Art 3 ECHR. Covid-19 has caused states to take unprecedented measures to protect its populations and stop the virus’ spread. While most of us are staying home, for refugees and asylum seekers living in the Greek hotspots measures like frequent hand washing and social distancing remain out of reach. Yesterday’s decision shows once again that the Court doubts that Greece has done enough to protect those living in the hotspots. Find the full decision here.





GREEK COURTS

In front of Greek courts, we represent asylum seekers in all phases of the asylum procedure.

Application No. 59841/19 - A.R. v. Greece, 21/11/2019


SGBV-evacuation Kos – Lifting of Geographical Restriction The European Court of Human Rights ordered the Greek Authorities to guarantee appropriate living conditions to an asylum seeker who was legally not allowed to leave the island of Kos (so called geographical restriction) and had moved to the mainland without permission. As a result of the court’s decision, the person must be accommodated in Greece in a way does not amount to inhuman or degrading treatment within the meaning of Art. 3 ECHR. The applicant was held unlawfully for more than four months in the Pre-Removal Detention Centre (PRDC) in Kos. She was brought handcuffed to the PRDC and was never given a reason for her detention. She survived gender-based violence in her country of origin, causing her serious gynaecological problems. On Kos, she repeatedly asked to see a doctor, a psychologist, and a lawyer, but the authorities denied her request. The only thing she received to help her with her medical issues were a few painkillers to help her sleep at night. Her situation was so dire and she became so desperate that she ultimately tried to commit suicide. In the PRDC the door that separated the room where the women slept from the men was broken, as well was the door to the shower, causing her severe stress. When she was eventually released, she ended up homeless with no place to sleep. She attempted to stay in the camp in Kos, but authorities there told her it was full and did not let her enter. Instead, she started living in a tent. Even after being released from detention she was still not able to see a doctor or psychologist despite desperately needing both. To try to escape the dangerous conditions on Kos she decided to leave the island without permission and came to the mainland. In accordance with our requests the applicant is accommodated now in a house and her geographical restriction to Kos was finally lifted. Find the full decision here.




Application No. 63074/19 – Z.H. v. Greece, 10/12/2020


Homeless Pregnant Woman with minor child

The ECHR ordered the Greek Authorities to guarantee appropriate living conditions to a pregnant asylum seeker and her very young minor daughter who were homeless in Greece for more than two months.

The mother was completely desperate and could not stand the situation anymore in that she felt she could not take care of her daughter. For almost two months they did not have a place to sleep. They were 'sleeping' on benches, squatted houses or just on the streets, exposing themselves to rain, cold and violence. While receiving food only by donations, the basic needs, also those of the young child, could not be met. Every day they were living with the fear and the stress to find a place in which they would be – somehow – safe.

The situation caused severe stress, made them feel helpless and desperate. It caused mental problems to the minor child in an amount, that she stopped speaking at some point.

The interim measure’s decision obliged the Greek government guarantee appropriate accommodation to the applicants according to their state of health. They have been placed in a shelter.

Find the full decision here.





equalrights_negativ_wort_quer.png

Donation Account
IBAN: DE47 4306 0967 1209 3013 00

BIC: GENODEM1GLS - GLS Gemeinschaftsbank eG

Equal Rights Beyond Borders consists of two seperately registered entities in Greece and Germany.

 

GREECE

Αστική Μη Κερδοσκοπική Εταιρεία

ΑΦΜ: 996887928, ΔΟΥ: Δ’ ΑΘΗΝΩΝ 

AΡ. ΓΕΜΗ: 151850501000

GERMANY

Amtsgericht Berlin Charlottenburg VR35583 B

​​​​© 2020 by Equal Rights Beyond Borders  - Privacy Policy  - Disclaimer - About

  • Grau Twitter Icon
  • Grey Facebook Icon