European court grants interim measures to Afghan family

HAISGREECE, an international Jewish international organization that stands for a world in which refugees find welcome, safety and opportunity says a European Court of Human Rights has granted interim measures to an Afghan family in legal limbo.
According to a statement by the organisation, on August 1, 2023, the European Court of Human Rights granted interim measures under rule 39 of Rules of the Court to a vulnerable Afghan family of three residing in Lesvos Closed Control Access Center (‘CCAC’) in Greece.
Greece’s continuous misapplication of the “safe third country” concept has placed the family in legal limbo and, therefore, at imminent risk of harm to their physical and mental health, in breach of Articles 2 and 3 of the European Convention on Human Rights (right to life and prohibition of torture and inhuman or degrading treatment, respectively). This has also led to the family enduring inhumane living conditions.
“The mother suffers from Hepatitis B, the father has been diagnosed with PTSD and also suffers from other health problems, and their child shows signs of resignation syndrome.
Despite their multiple vulnerabilities, the applicants reside in the camp under the tolerance of the CCAC authorities, in precarious conditions, as they do not have access to nutrition appropriate for their health problems, no longer receive hygiene items such as cleaning products and diapers and have been rendered destitute due to the discontinuation of their cash assistance.
In view of the continuous deterioration of the applicants’ health, especially the mother’s, “HIAS lodged an application for interim measures with the Strasbourg Court, which decided to request from the Greek authorities: (11/14 c) the full access of the applicants to reception conditions appropriate to their state of health, including social security, appropriate nutrition and hygiene items and cash assistance.a) the immediate transfer of the applicants to adequate medical treatment in Athens compatible with their state of health, (b) the accommodation of the applicants in living conditions that respect human dignity and that take into consideration their multiple vulnerabilities and the full access of the applicants to reception conditions appropriate to their state of health, including social security, appropriate nutrition and hygiene items and cash assistance. HIAS Greece welcomes the Court’s decision but expresses its deep concern for Greece’s continuous rejection of asylum applications on the basis that Türkiye is a safe third country for them despite the lack of any reasonable prospect of readmission.The legal representation of this case was supported and partially funded by
@VluchtelingWerk (Dutch Council for Refugees).”