M.S.S. v. BELGIUM AND GREECE JUDGMENT
39
no known address” did not work in practice. Thus, many asylum-seekers
were unable to follow the progress of their applications and missed the
deadlines.
188. The time taken for asylum applications to be examined at first
instance and on appeal is very long. According to the UNHCR, in
July 2009, 6,145 cases at first instance and 42,700 cases on appeal were
affected by delays. According to information sent to the Commissioner by
the Greek Ministry of Civil Protection, the total number of asylum
applications pending had reached 44,650 in February 2010.
3. Remedies
189. Being opposed, inter alia, to the abolition in 2009 of the secondinstance role played by the refugee advisory committees (see paragraph 115
above), the UNHCR announced in a press release on 17 July 2009 that it
would no longer be taking part in the asylum procedure in Greece.
190. As regards appeals to the Supreme Administrative Court, the
reports mentioned in paragraph 160 above denounce the excessive length of
the proceedings. According to the Council of Europe Commissioner for
Human Rights, the average duration at the present time was five and a half
years. They also emphasise that an appeal against a negative decision does
not automatically suspend the expulsion order and that separate proceedings
have to be initiated in order to seek a stay of execution. These can last
between 10 days and 4 years. Furthermore, they consider that the review
exercised by the Supreme Administrative Court is not extensive enough to
cover the essential details of complaints alleging Convention violations.
191. Lastly, they remark that in practice the legal aid system for lodging
an appeal with the Supreme Administrative Court does not work. It is
hindered by the reluctance and the resulting lack of lawyers on the legal aid
list because of the length of the proceedings and the delays in their
remuneration.
4. Risk of refoulement
192. The risk of refoulement of asylum-seekers by the Greek authorities,
be it indirectly, to Turkey, or directly to the country of origin, is a constant
concern. The reports listed in paragraph 160 above, as well as the press,
have regularly reported this practice, pointing out that the Greek authorities
deport, sometimes collectively, both asylum-seekers who have not yet
applied for asylum and those whose applications have been registered and
who have been issued with “pink cards”. Expulsions to Turkey are effected
either at the unilateral initiative of the Greek authorities, at the border with
Turkey, or in the framework of the readmission agreement between Greece
and Turkey. It has been established that several of the people thus expelled