(31 July 2012) -- Greece was ruled to be in violation of the European Convention on Human Rights for detaining an Afghan family, including a pregnant woman, in filthy and substandard conditions. 

The woman was in her eighth month of pregnancy when she and her family were detained in the Pagani centre. She alleged that she and her children were held in a overheated shipping container for part of the time, without access to medical or social care. She was not given any medical examination prior to giving birth. When she was ready to give birth, one of her fellow detainees alerted the guards by tapping on the wall of the container with a wooden plank. Meanwhile the father was kept separated from the family for the entire period of detention. All of the applicants complained about the conditions in the Pagani centre, particulary overcrowding, poor sanitation and having to sleep on the ground. 

The Greek government argued that while Pagani had been overcrowded, the cells housing pregnant women were air conditioned and specifically designed to enable women to be with their children. The government claimed that doctors were able to regularly visit the centre, and that children had access to a social worker and psychologist. This was contradicted by a series of reports from Amnesty International, Médecins sans Frontières and others. 

The Court ruled unanimously that Greece violated Article 3 of the Convention (prohibition of inhumane or degrading treatment), Article 13 (effective remedy) and Article 5.4 (right to liberty and security). Read the press release issued by the Court. 

Impacts of new EU law

During the month of July, the European Parliament and the Council reached political agreement on a new Reception Conditions Directive. This directive includes a set of new provisions on detention and the treatment of vulnerable persons. While broadly stipulated, the new directive would oblige member states to assess the special needs of asylum seekers and to appopriately address them. It also includes strict rules on how states can detain minors.

According to Philip Amaral, Advocacy and Communications Coordinator at JRS Europe, the adoption of these rules may make it harder for member states to detain families and children in the first place. 

"Detention centres are no place for families and children, especially when pregnant women are concerned. The new EU rules on reception conditions will hopefully encourage member states to detain fewer families and to instead place them in more suitable community-based arranagements", says Mr Amaral. 

The European Parliament is expected to vote in plenary on the new Reception Conditions Directive after the summer break. Once officially adopted, member states will have two years to incorporate it into their respective national laws.