New ECtHR decision: Greece prohibited from deporting refugees before they have had access to asylum procedure

The European Court of Human Rights (ECtHR) issued a new interim measures order on 29 August, indicating to the Greek government not to deport four Eritrean refugees detained in the Amygdaleza detention centre since mid-July until they are granted access to asylum procedures.

The four refugees are represented by Refugee Support Aegean (RSA) and have made asylum applications. However, the Greek authorities have refused to register their claims, citing the three-month suspension of access to asylum in force since mid-July. Their appeals against the return decisions issued against them reiterated the risks they would face if deported. However, the Hellenic Police dismissed the appeals due to late submission, without further examination.

The ECtHR’s interim measures order provides a crucial and necessary safeguard for these people until their asylum claims are registered and examined in Greece.

A similar order was issued by the ECtHR on 14 August in the case of eight Sudanese refugees, also affected by the suspension of the right to asylum. For four of them, the Administrative Court of Athens subsequently issued a provisional order prohibiting their deportation until their applications for suspension of the return decisions against them are heard. For the other four, the same Court examined objections against their administrative detention and prohibited their removal from Greek territory until their asylum applications are registered and examined.

Access to asylum and legal assistance are indispensable guarantees for everyone. We will continue to support and represent our clients in claiming their rights and to defend legality and the rule of law.