M.S.S. v. BELGIUM AND GREECE JUDGMENT
67
examined on an individual basis, the asylum-seeker could be assisted by a
lawyer and an interpreter would be present at every stage of the
proceedings. Remedies also existed, including an appeal to the Supreme
Administrative Court. Accordingly, although aware of the possible
deficiencies of the asylum system in Greece, the Government submitted that
they had been sufficiently convinced of the efforts Greece was making to
comply with Community law and its obligations in terms of human rights,
including its procedural obligations.
329. As to the risk of refoulement to Afghanistan, the Government had
also taken into account the assurances Greece had given the Court in K.R.S.
v. the United Kingdom ((dec.), no. 32733/08, 2 December 2008) and the
possibility for the applicant, once in Greece, to lodge an application with the
Court and, if necessary, a request for the application of Rule 39 of the Rules
of Court. On the strength of these assurances, the Government considered
that the applicant’s transfer had not been in violation of Article 3.
B. Observations of the Governments of the Netherlands and the
United Kingdom, and of the UNHCR, the AIRE Centre, Amnesty
International and the Greek Helsinki Monitor, third-party
interveners
330. According to the Government of the Netherlands, it did not follow
from the possible deficiencies in the Greek asylum system that the legal
protection afforded to asylum-seekers in Greece was generally illusory,
much less that the member States should refrain from transferring people to
Greece because in so doing they would be violating Article 3 of the
Convention. It was for the European Commission and the Greek authorities,
with the logistical support of the other member States, and not for the Court,
to work towards bringing the Greek system into line with Community
standards. The Government of the Netherlands therefore considered that
they were fully assuming their responsibilities by making sure, through an
official at their embassy in Athens, that any asylum-seekers transferred
would be directed to the asylum services at Athens International Airport. In
keeping with the Court’s decision in K.R.S. v. the United Kingdom (cited
above), it was to be assumed that Greece would honour its international
obligations and that transferees would be able to appeal to the domestic
courts and subsequently, if necessary, to the Court. To reason otherwise
would be tantamount to denying the principle of inter-State confidence on
which the Dublin system was based, blocking the application of the Dublin
Regulation by interim measures, and questioning the balanced, nuanced
approach the Court had adopted, for example in its judgment in Bosphorus
Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland ([GC],
no. 45036/98, ECHR 2005-VI), in assessing the responsibility of the States
when they applied Community law.
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات