Migrant Ill-treatment in Greek Law Enforcement—Are the Strasbourg Court Judgments the Tip of the Iceberg? – article in European J’l of Migration & Law
Numerous instances of migrant ill-treatment, including torture, in Greek law enforcement have been recorded over a long period of time by international human rights monitoring organisations. The frequent reporting of such incidents though was not accompanied by any major judgments by the Strasbourg Court until Alsayed Allaham and Zontul in 2007 and 2012 respectively. The article provides an analysis of these first major judgments which usefully shed light on the underlying, long-standing systemic failures of the Greek law, as well as of the law enforcement and judicial authorities’ practice. It is argued that the above judgments are in fact only the tip of the iceberg. For this, the author looks into the process of supervision of these judgments’ execution by Greece, which is pending before the Council of Europe Committee of Ministers, as well as into alarming reports issued notably by the European Committee for the Prevention of Torture and the Greek Ombudsman. The article also highlights the question of racial violence that has not been tackled in the aforementioned judgments. However, the national Racist Violence Recording Network and the Greek Ombudsman have recorded numerous cases of racist violence by law enforcement officials targeting migrants and the ineffective response by the administrative and judicial authorities. The article concludes with certain recommendations in order to enhance Greek law and practice and eradicate impunity.
An earlier version was published in February 2017 at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2921109
SMM v. UK, ECtHR judgment of 22 June 2017
This is an interesting Chamber judgment that highlights the need for prompt state action and review of the lawfulness of detention of particularly vulnerable migrants, such as those suffering from mental illness.
In addition, the judgment sheds some light at the long-standing issue of migrant detention in the UK which remains with no fixed time limits, despite the repeated recommendations made by national and international human rights institutions.
In view of these two major elements, the Court found a violation of Article 5§1 ECHR having considered the fact that the applicant (national of Zimbabwe) had been detained for over two and a half years.
Link to judgment: http://hudoc.echr.coe.int/eng?i=001-174442