{"id":6760,"date":"2023-05-02T16:38:28","date_gmt":"2023-05-02T13:38:28","guid":{"rendered":"https:\/\/pavlakis-moschos.gr\/?p=6760"},"modified":"2023-07-04T14:18:45","modified_gmt":"2023-07-04T11:18:45","slug":"fundamental-human-rights","status":"publish","type":"post","link":"https:\/\/pavlakis-moschos.gr\/en\/fundamental-human-rights\/","title":{"rendered":"Fundamental human rights of refugees and immigrants \u2013 Responsibility of the State"},"content":{"rendered":"<\/p>\n

Fundamental human rights of refugees and immigrants \u2013 Responsibility of the State<\/h3>
<\/div><\/div><\/div>\n
<\/span><\/span><\/div>\n

State responsibility for compensation for the death of immigrants and refugees \u2013 Carbon Monoxide poisoning in a tent in Moria refugee camp<\/h3>
<\/div><\/div><\/div>\n
<\/span><\/span><\/div>\n

Case history<\/h3>\n

In January 2017, in the midst of the largest immigration wave from Turkey towards Europe, via the eastern Greek islands, two asylum seekers, one from Syria and another from Egypt, died in their sleep due to toxic carbon monoxide inhalation in the Refugees\u2019 Reception and Identification Center of Moria, on the island of Lesvos in Greece. The toxic gases were produced by improvised fires that the Moria camp asylum seekers used in order to survive in the extreme cold and snow weather conditions, while being obliged to live in summer-type tents, without heating and fully depending on the authorities for their basic living means. They died one after the other, at a week\u2019s interval. It is noteworthy that, despite the death of the first, nothing was done to improve the conditions.<\/p>\n

A very basic official investigation by the authorities took more than one year, at the end of which the Public Prosecutor in Lesvos island archived the case, not finding anyone responsible for the deaths.<\/p>\n

The families of the two deceased asylum seekers brought civil claims for compensation against the Greek State in 2019, represented by Pavlakis \u2013 Moschos Law firm.<\/p>\n

Both the Administrative First Instance Court and the Administrative Court of Appeals of Athens (decisions 842\/2023 and 998\/2023) found the Greek State liable for violation of art.2 and 3 of the European Convention on Human Rights<\/strong> and specifically the right to Life and for inhuman and degrading treatment, consisting in the failure to take measures and protect the asylum seekers against the cold, although they were not stricto sensu detained, but were totally depending on the facilities provided by the State. The Court held that the omission of the Greek authorities to provide the asylum seekers with adequate sheltering and heating means in the prevailing weather conditions, constituted violation of their human right to dignified living, housing and heating conditions, and of the duty of the States to protect and ensure the fundamental rights of asylum seekers to life and dignity<\/span>, as these are imposed by the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union<\/strong>, the European Court of Human Rights jurisprudence and in general the international and national law.<\/p>\n

\"\"

The tents in the snow \u2013 Moria refugees\u2019 camp, Greece- January 2017<\/p><\/div>\n

The Administrative Court of Appeal of Athens held that:<\/h3>\n