4.  The applicant was born in 1984 and lives in Athens.
5.  On 21 September 2013 the applicant was arrested in Athens for possession of a fake French passport. He was taken to a public prosecutor, who initiated criminal proceedings against him.
6.  On 24 September 2013 the applicant was sentenced to ten months’ imprisonment for use of a false instrument, giving false unsworn testimony, and illegally entering the country (judgment 46181/2013 of the three-member Athens Court of First Instance). The execution of the sentence was suspended following an appeal by the applicant after the pronouncement of the judgment.
7.  On 25 September 2013 the applicant was arrested again and put in administrative detention with a view to being expelled from the country (decision no. 538848/1-α/25.9.2013 of the Director of the Aliens Subdivision of Attica (Υποδιεύθυνση Αλλοδαπών Αττικής).
8.  On 28 September 2013 the Director of the Aliens Subdivision of Attica ordered the applicant’s expulsion on the grounds that he had entered the country illegally, did not possess a valid residence permit, was considered to pose a danger to public order, and had been convicted by a criminal court for possession of false documents. Moreover, that authority decided not to give the applicant a deadline to leave the country of his own free will, but to keep him in detention until the expulsion order was executed, for a period not exceeding six months, because the applicant posed a danger to public order, for the reasons mentioned above.
9.  According to the applicant, he was informed of those decisions on 30 September 2013. He also claimed that he had submitted objections to his detention via a fax sent by his lawyer on 27 September 2013, objections which had not been registered. In those objections, he had included a request for international protection.
10.  On 4 October 2013 the applicant appealed against the expulsion decision to the Director of the Aliens Division of Attica, submitting at the same time a request for international protection. On 7 October 2013 the applicant’s request for international protection was sent to the Asylum Department. His appeal against the decision ordering his expulsion was dismissed the next day.
11.  On 8 October 2013 the applicant filed objections to his detention before the Athens Administrative Court of First Instance (Διοικητικό Πρωτοδικείο Αθηνών) (his first set of objections). He claimed, inter alia, that he had already submitted objections before the expulsion decision had been issued, but those had not been taken into consideration. Referring to the Court’s judgment in Tabesh v. Greece (no. 8256/07, 26 November 2009), he argued that his detention was unlawful, since his expulsion to Syria was not possible, given the ongoing intensive military action taking place there. He also claimed that he was an asylum seeker and that his conditions of detention in Zografou police station were very poor.
12.  On 10 October 2013 the applicant’s objections were rejected by the President of the Athens Administrative Court of First Instance. In her reasoning, she noted that it was not clear whether the applicant had in fact submitted the first objections, that up to that date he had not submitted any proof that he was Syrian, and that he could request asylum before the head of Zografou police station. She also noted that the legality of the applicant’s detention was not affected by the conditions of his detention, which in any event were tolerable, taking into account the difficult financial situation of the country and the fact that little time had elapsed since the applicant’s arrest (judgment no. 5563/2013).
13.  On 18 October 2013 the applicant was transferred to the Attica Regional Asylum Service, before which he reiterated his asylum request. On the same date the Director of the Attica Aliens Directorate issued a decision modifying the legal basis of the applicant’s detention and basing it instead on the grounds that he posed a danger to public order and/or national security and that his detention was necessary for the speedy determination of his application for asylum. In addition, the decision suspended the applicant’s expulsion order (decision no. 538848/1-Z). The applicant contested the date of the above-mentioned decision before the domestic authorities, and claimed that it had been issued several days later and backdated.
14.  On 21 October 2013 the applicant gave his Syrian identity card to Zografou police station. He also claimed that he had submitted via his lawyer a request to be informed of the decision by which he had been detained, or to be set free if such a decision did not exist.
15.  On 23 October 2013 the applicant filed objections to his detention, asking for judgment no. 5563/2013 to be revoked (his second set of objections). In his application, he referred, inter alia, to the fact that he had proved his Syrian nationality by giving his identity card to the police, and that he should be set free, as his expulsion could not be achieved. He also referred to the submission of his asylum request to the Asylum Service on 18 October. In addition, he maintained that he had a permanent address, submitting a lease contract concluded by his brother and an affidavit signed by his brother confirming that he would provide him with accommodation.
16.  On 25 October 2013 the applicant’s application was dismissed by the President of the Athens Administrative Court of First Instance. In her reasoning, she observed that the applicant had not yet been registered as an asylum-seeker, but the procedure was ongoing, taking into account a document dated 24 October 2013 from the Aliens Division of Attica which said that the applicant had expressed his wish to request asylum on 7 October 2013, but this had not yet been registered by the new Asylum Service. She also noted that the lease did not prove that the applicant had a permanent address, because he could easily change his address in view of the fact that he had already been arrested for an offence (judgment no. 5772/2013).
17.  On 1 November 2013 an interview concerning the applicant’s asylum request took place before the Attica Regional Asylum Service.
18.  On 8 November 2013 the applicant filed objections to his detention with the Athens Administrative Court of First Instance, asking for judgments no. 5563/2013 and 5772/2013 to be revoked (his third set of objections). He referred to a deterioration of his health and asked to be released on the additional grounds that, in accordance with a circular order issued by the Greek police, even Syrians who had not requested asylum should not be put in detention. He also submitted complementary observations contesting the date of the decision modifying the legal basis of his detention.
19.  On 13 November 2013 his application was dismissed (judgment no. 5935/2013). In her reasoning, the president of the court noted that the applicant had been admitted to hospital on 9 November 2013 and had been discharged with medication, showing “no signs of major active psychopathology”. She further ruled that the applicant’s objection regarding the date of the document modifying the legal basis of his detention was unsubstantiated.
20.  On 12 November 2013 the applicant was granted refugee status (decision no. 10664/2013) and was released the next day, following the revocation of return decision no. 538848/1-β that had been issued on 28 September 2013.
21.  On 27 November 2013 the applicant lodged an application for annulment of the decision dated 28 September 2013 of the Director of the Aliens Subdivision of Attica by which it had been decided that he would be returned to his country of origin and that he would be detained with a view to being expelled. The application for annulment was dismissed owing to the fact that it had not been signed by a lawyer and the relevant fee had not been paid.
22.  The applicant submitted that his conditions of detention in Zografou police station had been very poor. He had been detained in a basement, which had been damp and inadequately ventilated. The cell had been filthy and overcrowded. The food provided had been of very poor quality. He had not had access to outdoor exercise or other recreational activities. The above-mentioned conditions had created a risk of contagious diseases. In addition, medical treatment had not been provided. In view of the above, the applicant’s physical and emotional health had deteriorated.
23.  The Government submitted that the detention facilities at Zografou police station were located in the basement of the police station and consisted of three dormitories, each measuring 12 sq. m with a capacity of three detainees. There was also an additional space, measuring 7.67 sq. m, outside the dormitories. It had a toilet and a shower with hot water, which detainees could access throughout the day and night. Beds were not allowed in the detention area; however, every detainee had at his disposal a mattress in good condition and two or three blankets which were frequently washed and replaced.
24.  The area was adequately lit, ventilated and heated; in addition, it had fans outside the dormitories to be used during the summer months. The number of detainees at the time the applicant had been held there had varied; however, it had never exceeded the capacity of nine detainees. The premises were cleaned every day by a cleaning company, and they were disinfected once a month. Food was provided three times a day by an external restaurant.
25.  International organisations and non-governmental organisations had free access to the premises. Detainees could be visited twice a day by friends and relatives, and had unobstructed access to television and pre-paid phones.
26.  The applicant’s needs had been taken care of; in particular, he had been transferred to the psychiatric ward of Sotiria Hospital in Athens, where he had been examined by a psychiatrist. The psychiatrist had concluded that the applicant did not present any major active psychopathology, and had prescribed him medication for anxiety.