2
M.S.S. v. BELGIUM AND GREECE JUDGMENT
complained of the lack of a remedy under Article 13 of the Convention that
would enable him to have his complaints examined.
4. The application was allocated to the Second Section of the Court
(Rule 52 § 1). On 19 November 2009 a Chamber of that Section gave notice
of the application to the respondent Governments. On 16 March 2010 the
Chamber, composed of Ireneu Cabral Barreto, President, Françoise Tulkens,
Vladimiro Zagrebelsky, Danutė Jočienė, Dragoljub Popović, András Sajó,
Nona Tsotsoria, judges, and Sally Dollé, Section Registrar, relinquished
jurisdiction in favour of the Grand Chamber, none of the parties having
objected to relinquishment (Article 30 of the Convention and Rule 72).
5. The composition of the Grand Chamber was determined according to
the provisions of Article 26 §§ 4 and 5 of the Convention and Rule 24.
6. In conformity with Article 29 § 1 of the Convention, it was decided
that the Grand Chamber would examine the admissibility and merits
together.
7. The applicant and the Governments each filed observations on the
merits (Rule 59 § 1). The parties replied to each other’s observations at the
hearing (Rule 44 § 5). Observations were also received from the
Netherlands and the United Kingdom Governments and from the Centre for
Advice on Individual Rights in Europe (the AIRE Centre) and Amnesty
International, which had been given leave by the acting President of the
Chamber to intervene (Article 36 § 2 of the Convention and Rule 44 § 2).
Observations were also received from the Council of Europe Commissioner
for Human Rights (“the Commissioner”), the Office of the United Nations
High Commissioner for Refugees (UNHCR) and the Greek Helsinki
Monitor (GHM), which had been granted leave by the President to
intervene. The Netherlands and the United Kingdom Governments, the
Commissioner and the UNHCR were also authorised to take part in the oral
proceedings.
8. A hearing took place in public in the Human Rights Building,
Strasbourg, on 1 September 2010 (Rule 59 § 3).
There appeared before the Court:
(a) for the Belgian Government,
Mr M. TYSEBAERT, Agent,
Ms I. NIEDLISPACHER,
Ms E. MATERNE, lawyer,
Ms V. DEMIN, attachée, Aliens Office,
(b) for the Greek Government,
Mr K. GEORGIADIS, Adviser,
Agent,
Co-Agent,
Counsel,
Adviser;