ECtHR, J.R. and others v. Greece, Appl. No. 22696/16

Detention of migrants with the view to implement the EU-Turkey Statement: the Court of Strasbourg (un)involved in the EU migration policy

Résumé

In its judgment J.R. and others v. Greece the Court of Strasbourg deals for the first time with the implementation of the EU-Turkey Statement, assessing the circumstances and the conditions of the detention of three Afghan nationals in the Greek hotspot on the island of Chios. The Court ruled that the applicants’ deprivation of liberty in view of the implementation of the EU-Turkey Statement could not be regarded as arbitrary and unlawful, however they had not been properly informed about the reasons of their detention and the remedies available to challenge it. As to the living conditions in the Greek hotspot, despite multiple reports of national and international organisations denouncing the overcrowding and the poor standards of living, the Court found that they were not severe enough to amount to inhuman or degrading treatment.