Information Note on the Court’s case-law 15

February 2000

Dougoz v. Greece (dec.) - 40907/98

Decision 8.2.2000 [Section III]

Article 3

Inhuman treatment

Conditions of detention pending expulsion: admissible

Article 5

Article 5-1-f

Expulsion

Length and lawfulness of detention pending expulsion: admissible

Article 5-4

Review of lawfulness of detention

Absence of possibility of challenging lawfulness of deten tion pending expulsion: admissible

The applicant, a Syrian national, was allegedly sentenced to death in absentia in Syria. He had fled to Greece, where he was arrested and sentenced to imprisonment on several occasions, notably for drug-related offences. While in Greece, he was granted refugee status by the UNHCR. In June 1997, while serving a prison sentence, he ask ed to be sent back to Syria and claimed that he had been granted a reprieve there. In July 1997, following a decision ordering his release on licence and his expulsion to Syria, he was released and placed in police detention pending his expulsion. He claim ed that the conditions of his detention pending expulsion were appalling, referring to, inter alia , overcrowding, poor hygiene and lack of room for physical exercise. He then applied for the expulsion order to be lifted and complained about his continued d etention. In April 1998, he was transferred to the police headquarters where the conditions of detention remained very bad, as confirmed by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment and Punishment in a recent report. Th e courts refused to lift the expulsion order, on the ground that the applicant had previously claimed that he was no longer subject to persecution in Syria, but no express ruling was made concerning the lawfulness of his continued detention.  In December 1 998, the applicant was eventually expelled to Syria, where he was reportedly placed in detention upon arrival.

Admissible under Articles 3, 5 § 1 (f) and § 4.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind th e Court.

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