It’s been six years since a harsh winter covered the summer scenes in Moria refugee campto do justice in the second degree to the relatives of a Syrian and an Egyptian who died in January 2017 from carbon monoxide poisoning while trying to warm themselves with homemade braziers. Administrative Court of Appeal of Athens recently acknowledged responsibility and omission for the obscene living conditions that prevailed and obliges Greek state pay compensation to the families of the victims.

20-year-old Egyptian Ahmed Elgamal and 46-year-old Syrian Mustafa Mustafa lived in the same tent and died four days apart, on 1/24/2017 and 1/28/2017. A few days later, another man from Pakistan died, and another was taken to intensive care for the same reason: acute carbon monoxide poisoning.

OUR “TO”, with its successive investigations since November 2017, have shed light on all aspects of the case, as well as on the inaction of the competent authorities. The families of the first two victims have filed an appeal against the Greek state, represented by lawyer Silina Pavlakis of the law firm Pavlakis – Moschos and Associates. In June 2021, the Administrative Court of First Instance of Athens partially granted their claims and awarded compensation. The state filed an appeal. Last month, the Athens Administrative Court of Appeal again acquitted the relatives of the victims. Based on the appeal decisions, the large family of Syros should be paid a total compensation of 320,000 euros, and the relatives of the Egyptian – 85,000 euros.

Elgamal began studying business administration at a school in Mansour before leaving his homeland. Mustafa was the father of six children, lived in Aleppo, Syria, and worked in a furniture factory before leaving his homeland due to the civil war. In 2015, he managed to reach Germany, obtain a three-year residence permit on humanitarian grounds and apply for family reunification. As the process dragged on, he went the other way and ended up in Lesvos in November 2016, waiting for the arrival of his eldest son from the Turkish coast. The police interrogated his German documents and took him to the Reception and Identification Center, where he died a few weeks later.

According to the decision of the Administrative Court of Appeal of Athens, the inaction of the authorities led to obscene living conditions.

As mentioned in court decisions, January 2017 was one of the coldest months in 30 years due to the intrusion of cold gaseous masses into the country. The inhabitants of Moria tried to keep warm in every possible way, wearing double or triple layers of clothing. The use of makeshift braziers was widespread. In an attempt to counter two lawsuits, both in the first and second degrees, the state pleaded guilty to the dead, arguing that they should have known they were putting themselves in danger with the braziers. He also claimed that in 2017, forms with relevant instructions were distributed in KYUT, but they were not presented to the court, since they were allegedly destroyed in a fire. Other relevant warning documents cited by the State were recognized by the court as subsequent after death.

The Athens Administrative Court of Appeal ruled that the country’s difficulties at the time and the “unprecedented immigration crisis” did not cancel its obligation to comply European Convention on Human Rightswhich requires respect for human dignity. According to the ruling, officials did not relocate residents to a safer place during the cold snap, did not provide adequate heating, and did not systematically stop the practice of making impromptu fires.

“Here they humiliate”

Anthracylhemoglobin (a compound formed when carbon monoxide is inhaled) was found in the blood of Elgamal at 61% and Mustafa at 70%. “It’s humiliating here,” Syros said in an audio message to his sister days before he was found dead. He died in his sleep.