M.S.S. v. BELGIUM AND GREECE JUDGMENT
75
the instant case, moreover, the letters sent by the Court clearly show that,
fully aware of the situation in Greece, it asked the Greek Government to
follow the applicant’s case closely and to keep it informed (see
paragraphs 32 and 38-39 above).
356. The respondent Government, supported by the third-party
intervening Governments, lastly submitted that asylum-seekers should lodge
applications with the Court only against Greece, after having exhausted the
domestic remedies in that country, if necessary requesting interim measures.
357. While considering that this is in principle the most normal course
of action under the Convention system, the Court deems that its analysis of
the obstacles facing asylum-seekers in Greece clearly shows that
applications lodged there at this point in time are illusory. The Court notes
that the applicant is represented before it by the lawyer who defended him
in Belgium. Considering the number of asylum applications pending in
Greece, no conclusions can be drawn from the fact that some asylumseekers have brought cases before the Court against Greece. In this
connection, it also takes into account the very small number of Rule 39
requests for interim measures against Greece lodged by asylum-seekers in
that country, compared with the number lodged by asylum-seekers in the
other States.
358. In the light of the foregoing, the Court considers that at the time of
the applicant’s expulsion the Belgian authorities knew or ought to have
known that he had no guarantee that his asylum application would be
seriously examined by the Greek authorities. They also had the means of
refusing to transfer him.
359. The Government argued that the applicant had not sufficiently
individualised, before the Belgian authorities, the risk of having no access to
the asylum procedure and being sent back by the Greek authorities. The
Court considers, however, that it was in fact up to the Belgian authorities,
faced with the situation described above, not merely to assume that the
applicant would be treated in conformity with the Convention standards but,
on the contrary, to first verify how the Greek authorities applied their
legislation on asylum in practice. Had they done this, they would have seen
that the risks the applicant faced were real and individual enough to fall
within the scope of Article 3. The fact that a large number of asylumseekers in Greece find themselves in the same situation as the applicant does
not make the risk concerned any less individual where it is sufficiently real
and probable (see, mutatis mutandis, Saadi, cited above, § 132).
(c) Conclusion
360. Having regard to the above considerations, the Court finds that the
applicant’s transfer by Belgium to Greece gave rise to a violation of
Article 3 of the Convention.
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات