6
M.S.S. v. BELGIUM AND GREECE JUDGMENT
24. On 4 June 2009 the Greek authorities sent a standard document
confirming that it was their responsibility under Articles 18 § 7 and 10 § 1
of the Dublin Regulation to examine the applicant’s asylum request. The
document ended with the following sentence: “Please note that if he so
wishes this person may submit an application [for asylum] when he arrives
in Greece.”
25. On 9 June 2009 the applicant’s detention was upheld by order of the
chambre du conseil of the Brussels Court of First Instance.
26. On appeal on 10 June, the Indictments Division of the Brussels
Court of Appeal scheduled a hearing for 22 June 2009.
27. Notified on 11 June 2009 that his departure was scheduled for
15 June, the applicant lodged a second request, through his current lawyer,
with the Aliens Appeals Board to set aside the order to leave the territory.
He relied on the risks he would face in Afghanistan and those he would face
if transferred to Greece because of the unlikelihood of his application for
asylum being properly examined and the appalling conditions of detention
and reception of asylum-seekers in Greece.
28. A second transfer was arranged on 15 June 2009, this time under
escort.
29. By two judgments of 3 and 10 September 2009, the Aliens Appeals
Board rejected the applications for the order to leave the country to be set
aside – the first because the applicant had not filed a request for the
proceedings to be continued within the requisite fifteen days of service of
the judgment rejecting the request for a stay of execution lodged under the
extremely urgent procedure, and the second on the ground that the applicant
had not filed a memorial in reply.
30. No administrative appeal on points of law was lodged with the
Conseil d’Etat.
C. Request for interim measures against Belgium
31. In the meantime, on 11 June 2009, the applicant applied to the
Court, through his counsel, to have his transfer to Greece suspended. In
addition to the risks he faced in Greece, he claimed that he had fled
Afghanistan after escaping a murder attempt by the Taliban in reprisal for
his having worked as an interpreter for the international air force troops
stationed in Kabul. In support of his assertions, he produced certificates
confirming that he had worked as an interpreter.
32. On 12 June 2009 the Court refused to apply Rule 39 of the Rules of
Court but informed the Greek Government that its decision was based on its
confidence that Greece would honour its obligations under the Convention
and comply with European Union legislation on asylum. The letter sent to
the Greek Government read as follows: