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The case of Mahmundi and Others v. Greece (No. 14902/10)

2012-12-refugees-kenya-620-628

A recent development:

European Court of Human Rights

Judgment in the Case of Mahmundi and Others v. Greece (No. 14902/10)

The case concerned the detention of an Afghan family, including a woman who was eight months pregnant and four minors, in the Pagani detention centre on the island of Lesbos. The Court stressed, in particular, the absence of any specific supervision of the applicants despite their particular status as minors and a pregnant woman.

It also noted that non-governmental organisations observed that there had been no improvement in the situation in the Pagani center in spite of their alarming findings in the past. The Court also reiterated its conclusions concerning the shortcomings in Greek law regarding the judicial review of detention with a view to deportation. Finally, the Court found:

– A violation of Article 3 (prohibition of inhuman or degrading treatment) of the ECHR;
– A violation of Article 13 (right to an effective remedy) ECHR;
– A violation of Article 5 § 4 (right to liberty and security – right to have lawfulness of detention decided speedily by a court) ECHR.

For the full text of the judgment (available only in French) please visit: ECtHR: Mahmundi and Others v. Greece (no. 14902)

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