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B.Y. v Greece – 60990/14

Country Greece
Status FINAL
Court ECtHR
Relevant Law Article 3, 5, 13
Year 2023
Found for Applicant

The case concerns the summary expulsion of a Turkish national by the Greek authorities. The applicant claimed that he was mistreated by the Greek authorities and that his return to Turkey was carried out as a ‘forced disappearance’. Finally, he claimed to have been detained by the Turkish authorities upon arrival. The Court’s questions regard if the Greek authorities exposed the applicant to inhuman or degrading treatment, Article 3 ECHR, and whether the applicant was returned by agents of the Greek state and, if that was the case, whether he was the subject of a ‘forced disappearance’ and an ‘extraordinary return’. The Court will assess whether the Greek authorities knew that the applicant would be exposed to a situation contrary to Article 3 ECHR in Turkey, and whether the investigation regarding the return satisfied the requirements of Article 3 ECHR. Finally, the Court, asked whether the applicant had been deprived of his liberty in violation of Article 5(1) ECHR and whether a violation of Article 13, in combination with Article 3, had occurred because of the deficiencies in the asylum procedure at the time of the facts, notably with regard to the access to the asylum procedure.