M.S.S. v. BELGIUM AND GREECE JUDGMENT
77
before the Aliens Office made no provision for such explanations and that
the Belgian authorities applied the Dublin Regulation systematically (see
paragraph 352 above).
367. Based on these conclusions and on the obligations incumbent on
the States under Article 3 of the Convention in terms of expulsion, the Court
considers that by transferring the applicant to Greece the Belgian authorities
knowingly exposed him to conditions of detention and living conditions that
amounted to degrading treatment.
368. That being so, there has been a violation of Article 3 of the
Convention.
VI. ALLEGED VIOLATION BY BELGIUM OF ARTICLE 13 TAKEN
IN CONJUNCTION WITH ARTICLES 2 AND 3 OF THE
CONVENTION BECAUSE OF THE LACK OF AN EFFECTIVE
REMEDY AGAINST THE EXPULSION ORDER
369. The applicant maintained that there was no remedy under Belgian
law, as required by Article 13 of the Convention (cited above), by which he
could have complained about the alleged violations of Articles 2 and 3 of
the Convention (cited above).
A. The parties’ submissions
1. The applicant
370. The applicant submitted that he had acted as swiftly as possible in
the circumstances in lodging a first application for a stay of execution of the
expulsion measure under the extremely urgent procedure. He had come up
against practical obstacles, however, which had hindered his access to this
procedure.
371. Firstly, he explained that on the day the order to leave the country
was issued, on 19 May 2009, he was taken into custody and placed in a
closed centre for illegal aliens. Not until five days later, after the long
Ascension Day weekend, had a lawyer been appointed, at his request, by the
Belgian authorities, or had the Belgian Committee for Aid to Refugees at
least been able to identify that lawyer to pass on general information to him
concerning “Dublin” asylum-seekers. This first lawyer, who was not a
specialist in asylum cases, lodged an application for a stay of execution
under the extremely urgent procedure after having had the file for three
days, which in the applicant’s opinion was by no means an excessively long
time.
372. Secondly, the case had been scheduled for examination only one
hour after the application was lodged, preventing the applicant’s lawyer,
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