19 Jun New ECtHR Judgment: Greece Violates Articles 3 & 5 ECHR

The ECtHR has ruled on the plight of migrant children trapped in degrading conditions of detention in Greece caused in part by the closure of the Balkans corridor into the rest of Europe. Our client, Statewatch, submitted a third party intervention on this important case.

DPG Partner Zubier Yazdani instructed Garden Court barristers Shu Shin Luh and Ronan Toal to draft a third party intervention for our client Statewatch.

In a judgment issued on 13/06/2019 the European Court of Human Rights ruled that Greece had violated its obligations under Articles 3 & 5 of the European Convention on Human Rights which prohibits cruel inhumane and degrading treatment (Art 3) and arbitrary detention (Art 5). The case was brought by several applicants against Greece, Austria, Croatia, Hungary, North Macedonia, Serbia and Slovenia.

The countries had closed the Balkans route into the rest of Europe and had effectively trapped migrants into camps for asylum seekers in Greece. Some were being held in police stations without adequate facilities. Although the court found that Greece had violated Articles 3 & 5 ECHR it declined to find that the other countries were in breach. The court’s press release can be read here.

Zubier Yazdani said,

‘Whilst the plight of migrants suffering whilst trying to make the difficult journey into and across Europe has dropped out of the media spotlight this issue has not gone away. Many people are still undertaking the risky journey out of dangerous situations to seek asylum in safer countries. The tactic of trying to contain them in Greece or stopping them from entering the EU altogether will not solve the problem.’

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