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T.K. v. GREECE and 2 other applications

Doc ref: 16112/20;18958/20;48244/20 • ECHR ID: 001-213132

Document date: October 11, 2021

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T.K. v. GREECE and 2 other applications

Doc ref: 16112/20;18958/20;48244/20 • ECHR ID: 001-213132

Document date: October 11, 2021

Cited paragraphs only

Published on 8 November 2021

FIRST SECTION

Application no. 16112/20 T.K. against Greece and 2 other applications (see list appended) communicated on 11 October 2021

SUBJECT MATTER OF THE CASES

The applications concern the living conditions of the applicants, unaccompanied minors in RIC Samos (applications nos. 16112/20 and 18958/20) and in RIC Lesvos (Moria) (application no. 48244/20). In applications nos. 16112/20 and 48244/20 The applicants complain that they were initially registered as adults despite their alleged statements to the contrary. The applicants submit that they live in inappropriate conditions, that they suffer from psychological (application no. 16112/20) and physical problems (applications nos. 18958/20 and 48244/20) and that no legal guardian have been appointed for them.

QUESTIONS TO THE PARTIES

1. Having regard to the applicants’ allegations that they were unaccompanied minors at the time they lodged their applications with the Court, without a legal guardian appointed for them and without access to medical assistance, were their living conditions compatible with Article 3 and/or Article 8 of the Convention?

2. Did the applicants in applications nos. 16112/20 and 48244/20 have at their disposal an effective remedy to complain about their living conditions, as required under Article 13 of the Convention?

3. In respect of application no. 16112/20, did the applicant have at his disposal an effective remedy to challenge his registration as an adult, as required under Article 13 of the Convention?

4. In respect of application no. 16112/20, has there been an interference with the applicant’s right to private life, within the meaning of Article 8 § 1 of the Convention, having regard to the applicant’s allegation that his interview is scheduled for 26 November 2021 and that, by that time, he will be an adult? In the affirmative, is the alleged interference compatible with Article 8 § 2 of the Convention?

APPENDIX

No.

Application no.

Case name

Lodged on

Applicant Year of Birth Nationality

Represented by

1.

16112/20

T.K. v. Greece

13/04/2020

T. K. 2002 Sierra Leonean

Jenny FLEISCHER

2.

18958/20

A.M. v. Greece

08/05/2020

A. M. 2004 Afghan

Jenny FLEISCHER

3.

48244/20

S.I. v. Greece

26/10/2020

S. I. 2002 Ugandan

Elli KRIONA SARANTI

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