52
M.S.S. v. BELGIUM AND GREECE JUDGMENT
improving. It was to escape from that situation of insecurity and of material
and psychological want that he tried several times to leave Greece.
255. The Court notes in the observations of the Council of Europe
Commissioner for Human Rights and the UNHCR, as well as in the reports
of non-governmental organisations (see paragraph 160 above) that the
situation described by the applicant exists on a large scale and is the
everyday lot of a large number of asylum-seekers with the same profile as
that of the applicant. For this reason, the Court sees no reason to question
the truth of the applicant’s allegations.
256. The Greek Government argue that the applicant is responsible for
his situation, that the authorities acted with all due diligence and that he
should have done more to improve his situation.
257. The parties disagree as to whether the applicant was issued with
the information brochure for asylum-seekers. The Court fails to see the
relevance of this, however, as the brochure does not state that asylumseekers can tell the police that they are homeless, nor does it contain any
information about accommodation. As to the notification the applicant
received informing him of the obligation to go to the Attica police
headquarters to register his address (see paragraph 35 above), in the Court’s
opinion its wording is ambiguous and cannot reasonably be considered as
sufficient information. It concludes that the applicant was not duly informed
at any time of the possibilities of accommodation that were available to him,
assuming that there were any.
258. In any event, the Court does not see how the authorities could have
failed to notice or to assume that the applicant was homeless in Greece. The
Government themselves acknowledge that there are fewer than 1,000 places
in reception centres to accommodate tens of thousands of asylum-seekers.
The Court also notes that, according to the UNHCR, it is a well-known fact
that at the present time an adult male asylum-seeker has virtually no chance
of getting a place in a reception centre and that according to a survey carried
out from February to April 2010, all the “Dublin” asylum-seekers
questioned by the UNHCR were homeless. Like the applicant, a large
number of them live in parks or disused buildings (see paragraphs 169, 244
and 245 above).
259. Although the Court cannot verify the accuracy of the applicant’s
claim that he informed the Greek authorities of his homelessness several
times prior to December 2009, the above data concerning the capacity of
Greece’s reception centres considerably reduce the weight of the
Government’s argument that the applicant’s inaction was the cause of his
situation. In any event, given the particular state of insecurity and
vulnerability in which asylum-seekers are known to live in Greece, the
Court considers that the Greek authorities should not simply have waited for
the applicant to take the initiative of turning to the police headquarters to
provide for his essential needs.
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