Zitieren als:
EGMR, Urteil vom 04.04.2023 - 55363/19 (A.D. gegen Griechenland) - M31423

Art. 3 EMRK-Verletzung einer Schwangeren wegen der Lebensbedingungen auf Samos:

1. Eine im 6. Monat Schwangere befindet sich im fortgeschrittenem Stadium der Schwangerschaft und bedarf deshalb besonderer Betreuung.

2. Die Lebensbedingungen, denen sie ausgesetzt war (hier: Leben im Zelt außerhalb der überfüllten Aufnahmeeinrichtung auf Samos ohne Zugang zu Sanitäranlagen und medizinischer Versorgung), stellt eine Verletzung von Art. 3 EMRK dar.

(Leitsätze der Redaktion)

Schlagwörter: Asylverfahren, besonders schutzbedürftig, Schwangerschaft, Griechenland, Aufnahmebedingungen,
Normen: EMRK Art. 3


29. As regards the merits, the Court has already had occasion to note that the States which form the external borders of the European Union are experiencing considerable difficulties in coping with the increasing influx of migrants and asylum-seekers. It does not underestimate the burden and pressure this situation places on the States concerned (see M.S.S. v. Belgium and Greece [GC], no. 30696/09, § 223, ECHR 2011).

30. However, having regard to the absolute character of the rights secured by Article 3, that cannot absolve a State of its obligations under that provision (see Khlaifia and Others v. Italy [GC], no. 16483/12, §§ 158 and 184, 15 December 2016). [...]

32. The general principles concerning the living conditions of asylum-seekers were summarised in M.S.S. v. Belgium and Greece (cited above, §§ 251-53), Khlaifia and Others v. Italy (cited above, §§ 158-61) and R.R. and Others v. Hungary (no. 36037/17, § 64, 2 March 2021), and there is no need to repeat them here.

33. The general principles concerning the living conditions in respect of pregnant women and the duration of ill-treatment suffered were summarised in Mahmundi and Others v. Greece (no. 14902/10, § 70, 31 July 2012) and R.R. and Others v. Hungary (cited above, §§ 64-65).

34. The Court observes that the applicant resided at the Samos RIC from 16 August 2019 to 4 November 2019, that is, for approximately two and a half months in total (see paragraphs 1 and 3 above). During that period, the applicant was in an advanced stage of her pregnancy and therefore in need of specialised care.

35. It also notes that, following her visit to the RIC, the Council of Europe Commissioner for Human Rights stated that in Samos the situation had become "a struggle for survival" and that practical measures should be taken with an immediate impact (see paragraph 17 above). The Court also takes into account the findings of the Greek National Commission for Human Rights, the national independent advisory body on human rights, following their monitoring visit in Samos (see paragraphs 19 and 20 above). In addition, in its third-party observations, the UNHCR referred to overcrowding and inadequate services in respect of shelter, medical support and sanitation (see paragraphs 14-15 above). It concluded that the reception conditions in the RIC, as well as in the informal settlement area, were not compatible with the right to an adequate standard of living.

36. In these circumstances and having regard to the parties' submissions and all the material in its possession, the Court finds that the situation complained of subjected the applicant to treatment which exceeded the threshold of severity required to engage Article 3 of the Convention.

37. There has accordingly been a violation of Article 3 of the Convention. [...]