Published on 17 October 2022

FIRST SECTION

Application no. 16089/20 B.T. against Greece lodged on 14 April 2020 communicated on 30 September 2022

SUBJECT MATTER OF THE CASE

The application concerns the arrest at the land border of Evros of a Turkish citizen of Kurdish origin, member of the PKK party. He claims to have fled Turkey owing to a fear of persecution due to his political activity and origin.

By virtue of a Legislative Act ( Πράξη Νομοθετικού Περιεχομένου ), published at the Official Government Gazette, Issue A’ 45 02/03/2020, the registration of asylum applications was suspended. The applicant submits that, therefore, he could not apply for international protection from 3 March 2020 to 18 May 2020, that is, a period of two and a half months.

Under Article 3 of the Convention, taken alone and in conjunction with Article 13, the applicant complains that he was deprived of access to the asylum procedure upon his arrival in Greece and that, therefore, he was at risk of being removed to Turkey without an independent and rigorous examination of his asylum request.

Under Article 5 § 1 of the Convention, the applicant complains that his placement in detention was not in accordance with national law.

Under Article 5 § 4 of the Convention, the applicant complains that he didn’t have an effective remedy to challenge his detention.

QUESTIONS TO THE PARTIES

1. In view of the applicant’s allegations that he could not apply for international protection for a period of two and a half months upon his arrival in Greece, therefore facing the risk of being removed to Turkey without an independent and rigorous examination of his allegations, has there been a violation of Article 13 of the Convention, taken in conjunction with Article 3?

2. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention?

3. Did the applicant have at his disposal an effective procedure by which he could challenge the lawfulness of his detention, as required by Article 5 § 4 of the Convention (see Khlaifia and Others v. Italy [GC], no. 16483/12 , §§ 132-133, 15 December 2016)?