H.A. and Others v. Greece

THIRD SECTION

Application no. 12845/21 H.A. against Greece and 2 other applications

(see appended table)

The European Court of Human Rights (Third Section), sitting on 3 September 2026 as a Committee composed of:

Úna Ní Raifeartaigh , President , Canòlic Mingorance Cairat, Vasilka Sancin , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications against the Hellenic Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table,

Having regard to the decision not to have the applicants’ names disclosed as specified in the appended table,

Having regard to the decision to indicate interim measures to the respondent Government under Rule 39 of the Rules of Court in the applicants’ cases and the subsequent decision to lift the interim measure,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

The list of applicants and their representatives is set out in the appended table.

The applicants’ complaints under Article 3 of the Convention concerning the reception and living conditions of asylum-seekers were communicated to the Greek Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The applicants complained about their poor reception and living conditions as asylum-seekers in Mavrovouni Temporary Reception and identification centre. The Government objected, having relied on several inadmissibility grounds. The Court will examine these complaints under Article 3 of the Convention (see Radomilja and Others v. Croatia [GC], nos. 37685/10 and 22768/12, § 126, 20 March 2018 and O.R. v. Greece, no. 24650/19, §§ 34-35 , 23 January 2024).

In the present applications, having examined all the material before it, the Court considers that for the reasons stated below, the applicants’ complaints about their reception and living conditions as asylum-seekers are inadmissible.

In particular, the Court notes that the applicants failed to substantiate their allegations concerning the material conditions in the reception facilities. In addition, in certain applications, the applicants were transferred to alternative accommodation or benefited from improved reception conditions within a relatively short period of time, including following interim measures indicated by the Court. The material before the Court does not disclose that the applicants were subjected to conditions attaining the minimum level of severity required to fall within the scope of Article 3 of the Convention. Having regard to the duration of their stay in the impugned facilities and the measures taken by the authorities, the Court finds that this threshold has not been reached.

In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

The applicants also raised other complaints under various Convention provisions.

The Court has examined the applications listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 24 September 2026.

Viktoriya Maradudina Úna Ní Raifeartaigh Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(reception and living conditions of asylum-seekers)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Facilities and dates

12845/21

08/03/2021

H.A.

1988

Bouchetel Marion

Lesvos

06/10/2019-10/07/2020: Moria RIC Lesvos;

01/10/2020 - unspecified date: Mavrovouni Temporary Reception and identification centre

42427/21

24/08/2021

M.H.

1967

Mullis Annina

Lesvos

28/07/2020 - 09/09/2020: Moria RIC Lesvos;

09/09/2020 - 25/08/2021: accommodation provided by private actors;

25/08/2021 - 17/09/2021: Mavrovouni Temporary Reception and identification centre

17/09/2021 - 17/07/2022: transfer to Piraeus under the ESTIA accommodation programme;

18/07/2022 - 27/12/2022: apartment in Athens under the ESTIA programme;

28/12/2022 - 06/03/2023: Schisto accommodation facility (left voluntarily and currently resides in Netherlands)

44166/21

07/09/2021t

K.A.

1984

Mullis Annina

Lesvos

19/07/2020 - mid September 2020: Lesvos RIC Moria;

mid-September 2020 - 15/09/2021: Mavrovouni Temporary Reception and identification centre;

15/09/2021: transfer to mainland under the ESTIA accommodation programme (until October when he voluntarily left for Germany)