January 25, 2018
On 25 January 2018 the ECtHR issued its Judgement in the case J.R. and Others v. Greece.
Despite other aspects of criticism one may have about this Judgement (and these are many), the Human Rights Defenders Support Network alerts on what is clearly a dangerous precedent for human rights lawyers in Europe, regarding the art.34 ECHR complaint (par.148-153 of the Judgement) “added” by the German Lawyer representing the applicants at the Observations stage.
Some months after the ECHR application was lodged, the 1st applicant was called to the police station of hios, where he was made to answer questions under oath about the EHR application he had lodged and about his contacts and his correspondence with his lawyer. He claimed that his summoning and the interrogation he was subjected to had an intimidating effect on him and that these events cannot be interpreted differently than an attempt to dissuade him from continuing with his application.
The Government declared that in establishing the facts of the EHR case, it estimated as necessary to verify the duration of the applicants’ stay (sic) in Vial and where they stayed after leaing Vial, that allegedly being the only reason why the 1st applicant was called to have “a conversation” with a policeman, in the presence of an interpreter. The reiterated that the Greek authorities facilitate the exercise of art.34 ECHR right to any person in their territory and, in particularr, by orregular migrants finding themselves in detention and “reception” centres.