Mangov v. Greece 18 February 1993, App. No. 16595/90

Macedonian national born in Greece, alleged that he was refused entry to Greece due to discriminatory policy of Greek authorities, in violation of Articles 3 (torture, inhuman or degrading treatment or punishment), 6(1) (access to fair and public hearing), 8 (respect for private and family life, home, and correspondence), 10 (freedom of expression), and 14 (non-discrimination in the enjoyment of the rights and freedoms recognized in the Convention) of the European Convention.

Summary

In 1982, Greece issued a decree allowing persons of Greek origin who sought refuge abroad during the civil war as political refugees to return to live in Greece, even if they had been deprived of Greek nationality. A 1985 act provided for such refugees' property to be restored to them, and at same time people from Yugoslavia were permitted to enter Greece without border formalities.  Applicant traveled to Yugoslavia to inquire into inheritance proceedings.  On his return to Yugoslavia, he was asked by Greek guards to fill out a form on which he declared his nationality to be Macedonian.  In September, a newspaper article criticized his military activities and the Greek government's decision to allow him to return.  Three months later, upon requesting a visa from the Greek Counsul in his town of residence, applicant was instructed to complete a very detailed form that was in the Greek language.  He argued that this form was specifically addressed to Yugoslav citizens born in Greece, with a view to singling out Macedonians.  He did not fill out the form.  Applicant argued that he was not able allowed to enter Greece due to Greek authorities' discriminatory policy, and was therefore unable to institute inheritance proceedings.  As such, he argued that he was prevented from having access to the courts.

Held: The Commission held that while the exercise of several rights under the convention, including access to courts, can require that the alien be granted permission to enter a Contracting state, the formalities did not prevent the applicant from duly applying for a visa, and that he was not confronted with a formal refusal of leave to enter Greece. Article  6(1) complaint manifestly ill-founded.