I Have Rights, Equal Legal Aid and Mobile Info Team jointly presented evidence to the Committee of Ministers of the Council of Europe on the implementation of the M.S.S. v. Belgium and Greece and Rahimi v. Greece cases. 

Both cases highlighted important issues regarding the treatment of asylum seekers in the EU:

  • In the landmark 2011 case M.S.S. v. Belgium and Greece, an asylum seeker faced inhumane conditions in Greece. The European Court of Human Rights (ECtHR) found the applicant had been subject to degrading treatment in Greece and faced a lack of an effective remedy. Additionally, Belgium violated his rights by returning him to Greece.
  • Also in 2011, the ECtHR ruled in Rahimi v. Greece that an unaccompanied Afghan child was subjected to inhuman detention conditions. Greece failed to protect his rights by subjecting him to degrading treatment and violated his right to liberty.

Despite the ECtHR binding decisions, 13 years later Greece has still not fully implemented the rulings. Serious problems continue to persist, affecting a large number of vulnerable people in both mainland RICs and the Samos CCAC. 

In this joint submission the three Greece based NGOs presented evidence on access to asylum procedures, legal assistance, living conditions of asylum seekers, safeguards for vulnerable individuals, and the conditions of detention facilities. 

With this submission, I Have Rights, Equal Legal Aid and Mobile Info Team offer to assist the Committee of Ministers in the supervision of the implementation of those rulings. Among other recommendations, the Greece based NGOs are calling on the Committee of Minister to ensure: 

  • Sufficient access to legal information and assistance for asylum seekers in Greek reception facilities.
  • Sufficient access to food, and hygiene items in reception facilities, such as adequate medical and psychological care.
  • Systematic and efficient vulnerability assessment,
  • Proportionate and justified use of detention under appropriate legal basis and as a measure of last resort.

The submitting organisations recommend the Committee of Ministers to examine the cases on an annual basis. 

Read the full submission here
Read the executive summary here