CASE OF A.R.E. v. GREECE (no. 15783/21)
Machine-found from the cited source, not yet confirmed by a human. Open the source before relying on it.
What was at stake
Whether the applicant's expulsion to Türkiye and the conditions of his detention, together with the absence of an effective remedy, breached his rights under the prohibition of torture, the right to liberty and the right to an effective remedy.
What happened
The applicant, a Turkish national, was detained in Greece after fleeing his home country due to a risk of persecution. He was held in detention under poor conditions and was not informed of the reasons for his detention. Subsequently, he was expelled to Türkiye, where he faced a real risk of torture.
What the court decided
The Court held that Greece violated the applicant's rights under the prohibition of torture by expelling him to Türkiye where he faced a real risk of torture, breached the applicant's right to liberty by detaining him without proper legal basis and without informing him of the reasons, and failed to provide an effective remedy for these violations, while finding no violation of the applicant's right to life or the substantive aspect of the prohibition of torture concerning his alleged ill‑treatment in Greece.
How the court got there
The court determined that Greece violated the applicant's rights by expelling him to Türkiye, where he faced a real risk of torture, thus breaching the prohibition of torture. The detention was deemed unlawful as the applicant was not informed of the reasons, violating his right to liberty. Furthermore, Greece failed to provide an effective remedy for these violations, which was a breach of the right to an effective remedy.
Statutes and cases cited
- § Refugee Convention art. 33
- Plaintiff M70/2011 v Minister
Categories
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