B.F. v. Greece: detention conditions and effective remedies for asylum seekers

The European Court of Human Rights delivered its judgement in B.F. v. Greece on 14 October 2025, examining the detention of an Iranian asylum seeker held for two months and eighteen days at Kolonos police station in Athens. The applicant, who entered Greece unlawfully in August 2012, initially applied for asylum based on his sexual orientation but failed to attend his scheduled interview. Following discontinuation of those proceedings, he was arrested in July 2013 and detained pending deportation.

The applicant lodged a fresh asylum application whilst in detention, supported by his baptism certificate and medical documentation relating to bronchial asthma. Throughout his detention, he repeatedly challenged both the lawfulness of his confinement and the conditions in which he was held, submitting detailed objections to the Athens Administrative Court of First Instance.

Detention conditions and Article 3

The Court found a violation of Article 3, determining that the applicant's detention conditions constituted degrading treatment. Kolonos police station, designed for short-term accommodation, lacked amenities required for prolonged periods of detention. The applicant's complaints regarding overcrowding, inadequate ventilation, constant exposure to smoke from other detainees, poor hygiene, and the detrimental impact on his respiratory condition were substantiated by medical evidence from Attikon University Hospital.

The Court applied its established jurisprudence on Greek police stations, noting that such facilities are inherently unsuitable for lengthy detention regardless of specific deficiencies. This finding aligned with reports from the CPT, the Council of Europe Commissioner for Human Rights, and UN Special Rapporteurs documenting systemic deficiencies in Greece's detention infrastructure.

Effective remedies under Article 13

A separate violation was found under Article 13 in conjunction with Article 3. Despite legislative amendments to Article 76 of Law No. 3386/2005 expanding judicial review powers, the domestic courts failed to conduct substantive examination of the applicant's detention conditions. The Athens Administrative Court dismissed his objections through formalistic reasoning, describing his complaints as "generic and unsubstantiated" without meaningful assessment of the medical evidence or detailed submissions regarding health impacts and facility inadequacy.

The Court emphasised that Article 76 § 5, as amended, empowered administrative judges to examine concrete allegations concerning health, overcrowding, and compliance with detention conditions. The domestic courts' failure to engage substantively with documented complaints rendered the remedy ineffective in practice.

Lawfulness of detention under Article 5 § 1

Notably, the Court found no violation of Article 5 § 1, distinguishing between unlawful detention conditions and arbitrary deprivation of liberty. The applicant's detention was based on clear domestic legal provisions and pursued legitimate aims: initially preventing unlawful residence pending deportation, then facilitating identity verification and expedited asylum examination after his fresh application.

The Court rejected arguments that inadequate conditions automatically rendered detention arbitrary. Whilst acknowledging the Article 3 breach, it held that deficiencies in physical conditions did not, alone, sever the connection between lawful detention grounds and their execution. The applicant was not a vulnerable minor requiring particular safeguards, and authorities acted with due diligence, releasing him two weeks after his asylum application was registered.

The two-month detention period was deemed proportionate given necessary administrative formalities, distinguishing this case from instances involving prolonged detention without documented identity or clear deportation obstacles.

Awards

The Court awarded €3,000 for non-pecuniary damage and €1,500 for costs and expenses, the latter payable under a contingency-fee arrangement enforceable under Greek law.