Here’s a breakdown of the European Court of Human Rights’ judgment in the case of A.I. and Others v. Greece:
1. **Essence of the Decision:**
The European Court of Human Rights (ECHR) ruled that Greece violated Article 3 of the Convention on Human Rights due to the degrading living conditions faced by unaccompanied minor asylum seekers. The court found that these minors were left homeless for extended periods, without adequate care or legal guardians, and were subjected to conditions that fell below the threshold of human dignity. Additionally, in one of the cases, the Court found a violation of Article 5 § 1 because of the applicant’s placement in protective custody at a police station. The Court emphasized the vulnerability of children, which should take precedence over immigration status considerations.
2. **Structure and Main Provisions:**
* **Joinder of Applications:** The Court decided to examine the applications jointly due to their similar subject matter.
* **Article 3 Violation (Living Conditions):** The Court assessed the living conditions of the applicants, noting that they lived either in protective custody under appalling conditions, on the streets, or in substandard housing for several months. The Court dismissed the government’s argument that the applicants lost their victim status or failed to exhaust domestic remedies, as there was no evidence that the authorities had acknowledged or provided redress for the breaches.
* **Article 5 § 1 Violation (Protective Custody):** The Court found that the placement of one applicant in protective custody at a police station was a violation of Article 5 § 1, referencing its established case-law on the matter.
* **Article 8 Complaint:** The Court decided that there was no need to examine the complaints under Article 8, as the main legal questions had already been addressed.
* **Rule 39 Measures:** The interim measures previously indicated to the government were terminated.
* **Article 41 (Just Satisfaction):** The Court awarded monetary compensation for non-pecuniary damage to the applicants, ranging from EUR 3,000 to EUR 3,900, depending on the case.
3. **Main Provisions for Use:**
* **Living Conditions and Article 3:** The judgment reinforces the principle that member states must ensure that asylum seekers, especially unaccompanied minors, are not subjected to treatment that falls below the threshold of human dignity.
* **Protective Custody and Article 5:** The decision highlights the importance of adhering to legal procedures and safeguards when placing unaccompanied minors in protective custody, ensuring that such custody does not amount to unlawful detention.
* **Vulnerability of Children:** The Court’s emphasis on the extreme vulnerability of children and the need to prioritize their well-being over immigration status is a key aspect of the judgment.
**** This decision has implications for how Greece and other member states handle unaccompanied minors seeking asylum, particularly in ensuring adequate living conditions and adherence to legal safeguards regarding detention.
