M.S.S. v. BELGIUM AND GREECE JUDGMENT
54
III. ALLEGED VIOLATION BY GREECE OF ARTICLE 13 TAKEN IN
CONJUNCTION WITH ARTICLES 2 AND 3 OF THE
CONVENTION BECAUSE OF THE SHORTCOMINGS IN THE
ASYLUM PROCEDURE
265. The applicant complained that he had no effective remedy in Greek
law in respect of his complaints under Articles 2 and 3, in violation of
Article 13 of the Convention, which reads as follows:
Article 13
“Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity.”
266. He alleged that the shortcomings in the asylum procedure in Greece
were such that he faced the risk of refoulement to his country of origin
without any real examination of the merits of his asylum application, in
violation of Article 3, cited above, and of Article 2 of the Convention,
which reads:
Article 2
“1. Everyone’s right to life shall be protected by law. No one shall be deprived of
his life intentionally save in the execution of a sentence of a court following his
conviction of a crime for which this penalty is provided by law.
...”
A. The parties’ submissions
1. The applicant
267. The applicant submitted that he had fled Afghanistan after escaping
an attempt on his life by the Taliban in reprisal for his having worked as an
interpreter for the international air force troops based in Kabul. Since
arriving in Europe he had had contacts with members of his family back in
Afghanistan, who strongly advised him not to come home because the
insecurity and the threat of reprisals had grown steadily worse.
268. The applicant wanted his fears to be examined and had applied for
asylum in Greece for that purpose. He had no confidence in the functioning
of the asylum procedure, however.
269. Firstly, he complained about the practical obstacles he had faced.
For example, he alleged that he had never been given an information
brochure about the asylum procedure at the airport but had merely been told
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