A.D. v. Greece (Complaint No. 55363/19) [4.04. 2023]

Date of the decision:  4 April 2023 

 

Country: Greece 

 

Jurisdiction: European Court of Human Rights (Third Section)

 

Legal basis: violation of Articles 3 and 8 of the European Convention on Human Rights 

 

 

The case of A.D. v. Greece (Application no. 55363/19) was brought before the European Court of Human Rights and concerned the living conditions of a pregnant woman who arrived in Samos, Greece in August 2019 and resided at the Samos Reception and Identification Centre (RIC). The applicant complained about her living conditions under Articles 3 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

 

The case is part of a group of applications, filed on 5 May 2020 and published on 25 May 2020, concern the living conditions of pregnant women and their new-born babies who lived in tents or containers in a hotspot in Greece. The applicants requested interim measures under Rule 39 of the Court, which were granted. The question posed to the parties is whether the living conditions of the applicants, considering their advanced stage of pregnancy or new-born status, were compatible with Article 3 and/or Article 8 of the Convention. The applicants were of various nationalities and were represented by different legal representatives.

 

The applicant A.D. claimed that she had been living in a tent outside the Samos RIC without access to adequate sanitary facilities, and that her tent had been destroyed in September 2019. She also argued that she had not received adequate healthcare and had suffered from sleeping disorders due to violent clashes and fires in October 2019.

 

The Government argued that the Samos RIC was an open accommodation structure, and that the reception system was under pressure due to a migration crisis. However, they claimed that the applicant had received adequate meals, water, and medical screenings throughout her stay.

 

The Court noted that the applicant had been pregnant and had specific needs as a pregnant woman, such as adequate accommodation, sanitary facilities, and nutrition. The Court found that the living conditions of the applicant at the Samos RIC had fallen short of the requirements of Articles 3 and 8 of the Convention, which protect against inhuman or degrading treatment and respect for private and family life, respectively. The Court concluded that there had been a violation of the applicant's rights under these articles.

 

The Court awarded the applicant 7,000 euros (EUR) in respect of non-pecuniary damage and EUR 3,000 in respect of costs and expenses. The Court also rejected the Government's objection of non-exhaustion of domestic remedies and declared the complaint admissible. The Greek National Commission for Human Rights had also reported on the lack of health and psychological services, as well as unsuitable living conditions in the refugee camp of Vathy on the island of Samos, particularly for unaccompanied children. The Court emphasized that the absolute character of the rights secured by Article 3 cannot absolve a State of its obligations under that provision, and that ill-treatment must attain a minimum level of severity to fall within the scope of Article 3. The Court considered the advanced stage of pregnancy of the applicant and the dire situation described by the Council of Europe Commissioner for Human Rights in Samos as "a struggle for survival."