The applicant, a national of Iran, arrived in Greece in August 2010. He was arrested by police and an order was issued for his removal to Turkey. The removal was not carried out as the Turkish authorities refused to admit him. He was detained at the Soufli detention centre pending his expulsion, initially for three days, and then extended to six months.He managed, with the assistance of lawyers, to challenge his detention relying on the impossibility of his expulsion and the poor conditions at the Soufli detention centre. The Court noted that in its case law it had already found that Greece exposed individuals at Soufli detention centre to degrading treatment contrary to Article 3 ECHR on account of the overcrowded conditions and poor hygiene, and saw no reason to depart from this finding. The Court also found that his 6 months detention was a violation of Article 5(1). Lack of effective judicial remedies to challenge his detention constituted a violation of Article 5(4) ECHR.
H.A. v Greece – 58424/11
Relevant Law Article 3, 5 (1) and (4)
Found for Applicant