A decision by the Athens Administrative Court of First Instance has held the Greek state, specifically the Ministry of Migration and Asylum, responsible for the death of a four-year-old Afghan refugee at an accommodation centre for vulnerable groups in the seaside area of Dionisiou Beach in Halkidiki.
According to the court's findings, the ministry, as the supervising authority of the International Organisation for Migration, which managed the accommodation programme, had an obligation to oversee the hotel facilities that had been converted into a refugee centre. The decision states that "if the state had exercised due supervision, it should have been aware of the dangerous and irregular use of the metal sliding door and should have intervened by taking additional security and preventive measures, especially given that it was the main entrance to the facility."
The fatal incident happened on 21 April 2019. The four-year-old child climbed onto the central sliding metal gate of the hotel with two other minors while playing. The child was crushed by the metal door and died from head injuries. Both the criminal and the administrative court concluded that the gate had not been properly maintained and was in constant use, as it was the only functioning entrance among three available at the hotel.
The court decision, seen by Voria.gr, stated that the child was "healthy, full of vitality and joy, despite the countless hardships he had endured," referring to his family's journey from Afghanistan as they sought to escape the dangers of war and the Taliban, including risks faced while crossing the Aegean Sea. The ruling concludes that he ultimately "lost his life due to the criminal negligence and omissions of the state, in a place where, supposedly, he would be safer than anywhere else."
The facility, hosting refugees classified as highly vulnerable, was funded through a programme titled "protection and shelter for extremely vulnerable groups." According to the family's lawyer, Thodoris Tsiatsios, the programme entailed specific obligations for the Greek state, in collaboration with the European Asylum, Migration and Integration Fund, to both manage and protect these groups. He stated that "from the name of the group, we understand that the state had an obligation to provide them with protection and shelter," noting that only highly vulnerable families were accommodated at the site.
Additional details from the case indicate that the child's parents were initially among those charged in connection with the incident. They were ultimately acquitted by the Thessaloniki Misdemeanours Court. In contrast, the hotel owners were convicted of negligent homicide and sentenced to 2.5 years in prison, suspended for three years. The court found that they had failed to maintain the metal sliding gate involved in the incident. The prosecutor reportedly stated: "It is unacceptable for our civilisation that children are killed in this way," adding that for a door measuring 3.8 metres and weighing 110 kilograms to fall, "either an earthquake would have had to occur or construction machinery would have struck it."
Testimony was also provided by emeritus professor Giorgos Tsiakalos of Aristotle University of Thessaloniki, who was close to the refugee family and described their psychological state following the incident, drawing on his experience working with refugee families.
In its recent ruling, the Administrative Court awarded 180,000 euros in compensation to the child's parents and siblings for moral suffering. According to the family's lawyer, Thodoris Tsiatsios, "the court concluded that there was no control regarding the observance of safety measures and this lack resulted in the death of a child because a door fell on him."
The family has also accused the International Organisation for Migration, which oversaw the programme for vulnerable refugee families. A related civil lawsuit has already resulted in the organisation's jurisdictional objection being dismissed, and a court decision on its liability is still pending.
Tsiatsios stated that the administrative ruling recognises that "the state must pay compensation as it failed to fulfil its obligation to supervise and guarantee that refugees belonging to extremely vulnerable groups have safe accommodation," noting that the programme was funded by the European Asylum, Migration and Integration Fund and implemented by the International Organisation for Migration under state supervision.
The family now lives in Germany, where they have been granted asylum. The child’s mother continues to face psychological difficulties following his death, while caring for their daughter, who has Down syndrome, which adds further challenges.
by Costas Kantouris - adapted from Greek by Vassia Barba
