Verurteilung Griechenlands wegen Aufnahmebedingungen unbegleiteter Minderjähriger:
Die Aufnahmebedingungen in Griechenland für unbegleitete minderjährige Flüchtlinge, in denen es zu monatelangen Wartezeiten für die Registrierung und Unterbringung kommt, verletzt Art. 3 EMRK. Während der Wartezeiten waren die Minderjährigen über Monate hinweg obdachlos, ohne gesetzlichen Vormund und medizinische Betreuung.
(Leitsatz der Redaktion)
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3. The applicants complained that their living conditions had not been compatible with Article 3 of the Convention because they had been homeless unaccompanied minors without a legal guardian and with no access to medical assistance. [...]
8. The applicants in the present case lived either in “protective custody” in appalling conditions, on the streets, or in substandard housing for periods of between three and a half and five months. In two cases they were placed in living conditions appropriate for their age only after the application of interim measures by the Court (applications nos. 11588/20 and 13865/20). The Court considers that the delays in placing these applicants in shelters were caused by shortcomings in the procedures for the registration and age assessment of asylum-seekers, which prevented the applicants from appropriately communicating information about their age and personal situations and which cannot be attributed to them (see Appendix for specific details). In application no. 17152/20 even though the applicant had promptly been registered as an unaccompanied minor, his placement in a shelter took place four and a half months later. The applicants were therefore left to look after themselves for extended periods of time in a foreign country in living conditions inappropriate for their age and human dignity, having to seek help from strangers, NGOs and, eventually, from the Court, despite their young age and the particular state of insecurity and vulnerability in which, as has been established by the Court, asylum-seekers have been known to live in Greece (see M.S.S. v. Belgium and Greece, cited above, § 259, and see, for similar reasoning, Rahimi v. Greece, cited above, §§ 87-94, 5 April 2011; and O.R. v. Greece, no. 24650/19, §§ 66-69, 23 January 2024).
9. Having regard to the parties’ submissions, all the material in its possession and its case-law, the Court finds that the treatment to which the applicants were subjected, as homeless unaccompanied immigrant minors, exceeded the threshold of severity required to engage Article 3 of the Convention and there has accordingly been a violation of that provision. [...]
10. The applicant in application no. 11588/20, also complained that his placement in protective custody at a police station was in breach of Article 5 § 1. [...] Having examined all the material before it, the Court considers that this complaint is covered by the well-established case-law of the Court and concludes that it discloses a violation of Article 5 § 1 of the Convention in the light of its findings in the following judgments [...].
