8
M.S.S. v. BELGIUM AND GREECE JUDGMENT
“I should be obliged if your Government would inform the Court of the current
situation of the applicant, especially concerning his possibilities to make an effective
request for asylum. Further, the Court should be informed about the measures your
Government intend to take regarding:
(a) the applicant’s deportation;
(b) the means to be put at the applicant’s disposal for his subsistence.”
39. The Greek authorities were given until 29 June 2009 to provide this
information, it being specified that: “Should you not reply to our letter
within the deadline, the Court will seriously consider applying Rule 39
against Greece.”
40. On 2 July 2009, having regard to the growing insecurity in
Afghanistan, the plausibility of the applicant’s story concerning the risks he
had faced and would still face if he were sent back to that country and the
lack of any reaction on the part of the Greek authorities, the Court decided
to apply Rule 39 and indicate to the Greek Government, in the parties’
interest and that of the smooth conduct of the proceedings, not to deport the
applicant pending the outcome of the proceedings before the Court.
41. On 23 July 2009 the Greek Government informed the Court, in reply
to its letter of 22 June 2009, that on arriving at Athens International Airport
on 15 June 2009 the applicant had applied for asylum and the asylum
procedure had been set in motion. The Government added that the applicant
had then failed to go to the Attica police headquarters within the two-day
time-limit to fill in the asylum application and give them his home address.
42. In the meantime, the applicant’s counsel kept the Court informed of
his exchanges with the applicant. He confirmed that the applicant had
applied for asylum at the airport and had been told to go to the Attica police
headquarters to give them his home address for correspondence in the
proceedings. The applicant had not gone, however, as he had no address to
give them.
E. Subsequent events
43. On 1 August 2009, as he was attempting to leave Greece, the
applicant was arrested at Athens International Airport in possession of a
false Bulgarian identity card.
44. He was placed in detention for seven days in the same building next
to the airport where he had been detained previously. In a text message to
his counsel, he described his conditions of detention, alleging that he had
been beaten by the police officers in charge of the centre, and said that he
wanted to get out of Greece at any cost so as not to have to live in such
difficult conditions.