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M.S.S. v. BELGIUM AND GREECE JUDGMENT
abdomen, after which he had fainted. On examination by one of the medical members
of the delegation, the following injuries were observed: a small abrasion
(approximately 0.3 cm) on the lower lip and a red linear contusion on the left cheek
beneath the eye (2 cm), which had two abrasions therein; diffuse areas of purplish
bruising on both sides of the forehead and a reddish bruise (2 cm) on the centre of the
chest; swelling over the thyroid cartilage on the front of the neck and swelling of the
outer parts of both upper arms; on the right leg, beneath and lateral to the kneecap, a
diffuse area of purplish bruising with a reddish area (approximately 2 cm x 2 cm) in
its proximal part.”
165. At the time of its visits in October 2009 and May 2010, Amnesty
International described the detention centre next to the airport as follows:
“The facility is divided into three sectors. The first consists of three cells, each
approximately 7 sq. m. There is one window in each cell, and the sector has two
separate toilets and showers. The second consists of three large cells, each
approximately 50 sq. m. There are separate toilets in the corridor outside the cells.
The third sector consists of nine very small cells, each approximately 10 sq. m. The
cells are arranged in a row, off a small corridor where a card phone is situated. On the
opposite side of the corridor there are two toilets and two showers.
During the October 2009 visit, Amnesty International delegates were able to view
the first two sectors where Dublin II returnees and other asylum-seekers were being
held. The delegates observed that detainees were held in conditions of severe
overcrowding and that the physical conditions were inadequate. Many asylum-seekers
reported that they had been verbally abused by police officers.
During the organisation’s visit in May 2010, Amnesty International representatives
were allowed to visit all three sectors. The police authorities told delegates that the
first sector was used for the detention of Dublin II returnees and other asylum-seekers,
the second for the detention of female irregular migrants convicted for attempting to
leave Greece with false documents and the third for the detention of male irregular
migrants convicted for attempting to leave Greece with false documents.
During the May 2010 visit, there were seven asylum-seekers held in the first sector
(six male and one female) but no Dublin II returnees. In the second sector, fifteen
females were held in one cell, three of them pregnant. One of the pregnant women
complained several times that she could not breathe, and was asking when she could
go outside her cell. In another cell there was a man with an injured leg. Those held in
the first and second sector told Amnesty International delegates that the police rarely
unlocked the doors of their sectors. As a result, they did not have access to the water
cooler situated outside, and were forced to drink water from the toilets. At the time of
the visit approximately 145 detainees were held in the third sector in conditions of
severe overcrowding. Among them, delegates found a Dublin II returnee. There were
nine cells in total. The delegates were able to view two of the cells, each of which
contained only one bed (a concrete base with a mattress on top) and held between
fourteen and seventeen individuals. There were not enough mattresses, and detainees
slept on the floor. As a result of the overcrowding and mattresses on the floor, there
was no space to move around. The detainees told Amnesty International that, because
of the lack of space, they could not all lie down and sleep at the same time. While the
cells viewed had windows, the overcrowding meant that the ventilation was not
sufficient. The heat in the cells was unbearable.