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Moria 2.0 – Systemic Human Rights Violation and the Chance of a Pilot Decision

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Goeke, H. Moria 2.0 – Systemic Human Rights Violation and the Chance of a Pilot Decision. German Yearbook of International Law, 64(1), 319-345. https://doi.org/10.3790/gyil.64.1.319
Goeke, Henning "Moria 2.0 – Systemic Human Rights Violation and the Chance of a Pilot Decision" German Yearbook of International Law 64.1, 2022, 319-345. https://doi.org/10.3790/gyil.64.1.319
Goeke, Henning (2022): Moria 2.0 – Systemic Human Rights Violation and the Chance of a Pilot Decision, in: German Yearbook of International Law, vol. 64, iss. 1, 319-345, [online] https://doi.org/10.3790/gyil.64.1.319

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Moria 2.0 – Systemic Human Rights Violation and the Chance of a Pilot Decision

Goeke, Henning

German Yearbook of International Law, Vol. 64 (2021), Iss. 1 : pp. 319–345

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Henning Goeke, legal trainee at the Higher Regional Court of Brandenburg.

Abstract

After more than half a decade since their creation, refugee camps on the Aegean islands, and especially Mavrovouni – the successor camp to Moria, the largest refugee camp within the European Union – continue to face massive criticism. Despite substantial funding and the subsiding of refugee flows, the camps continue to suffer from serious structural deficiencies. With the EU Commission’s recent announcement that it intends to maintain refugee camps for the near future, there is growing concern about a permanent space with lower legal standards of protection than anywhere else on European territory. The permanent state of extreme material poverty can no longer be reconciled with basic guarantees from Article 3 of the European Convention on Human Rights. Given that, the possibility of a pilot procedure by the European Court of Human Rights, which has received little attention in this context so far, provides an opportunity to restore these guarantees and to link them to the concept of refugee camps in a binding way for the future hotspot approach.

Table of Contents

Section Title Page Action Price
Henning Goeke\nMoria 2.0 – Systemic Human Rights Violation and the Chance of a Pilot Decision 319
I. Introduction: The Refugee Dilemma 319
II. The Article’s Objectives 322
III. The Idea of the So-Called Hotspots 323
IV. ECHR as an Enhancement Tool 324
V. The ECtHRs Pilot Procedure 327
A. What is a Pilot-Judgement? 327
B. Chances of the Pilot Procedure in Greece 327
C. Preconditions of the Pilot Procedure 330
VI. Pilot Procedure – Analysis of Systemic Deficiencies 331
A. Article 3 – the Prohibition of Torture, Inhuman or Degrading Treatment 331
1. The Level of Protection of Art. 3 ECHR in Refugee Camps 332
2. The Application of the Standards Using the Example of Moria/Mavrovouni 334
B. Potential Starting Points for a Pilot Judgement 338
VII. An Appeal for a Leading Case 342
VIII. Conclusion 344