M.S.S. v. BELGIUM AND GREECE JUDGMENT
58
was to blame for the situation, at the origin of his complaint, in which he
found himself and he had not suffered the consequences of any
shortcomings in the procedure. The Government further argued that the
applicant had not gone to the first interview at the Attica police headquarters
on 2 July 2010 and had not given the Greek authorities a chance to examine
the merits of his allegations. This meant that he had not exhausted the
domestic remedies and the Government invited the Court to declare this part
of the application inadmissible and reject it pursuant to Article 35 §§ 1
and 4 of the Convention.
284. The Court notes that the questions raised by the Government’s
preliminary objections are closely bound up with those it will have to
consider when examining the complaints under Article 13 of the
Convention taken in conjunction with Articles 2 and 3, because of the
deficiencies of the asylum procedure in Greece. They should therefore be
examined together with the merits of those complaints.
285. Moreover, the Court considers that this part of the application
raises complex issues of law and fact which cannot be determined without
an examination of the merits. It follows that it is not manifestly ill-founded
within the meaning of Article 35 § 3 (a) of the Convention. Nor is it
inadmissible on any other grounds. It must therefore be declared admissible.
2. Merits
(a) Reiteration of the general principles
286. In cases concerning the expulsion of asylum-seekers the Court has
explained that it does not itself examine the actual asylum applications or
verify how the States honour their obligations under the Geneva
Convention. Its main concern is whether effective guarantees exist that
protect the applicant against arbitrary refoulement, be it direct or indirect, to
the country from which he or she has fled (see, among other authorities, T.I.
v. the United Kingdom (dec.), no. 43844/98, ECHR 2000-III, and Müslim,
cited above, §§ 72-76).
287. By virtue of Article 1 (which provides, “[t]he High Contracting
Parties shall secure to everyone within their jurisdiction the rights and
freedoms defined in Section I of this Convention”), the primary
responsibility for implementing and enforcing the guaranteed rights and
freedoms is laid on the national authorities. The machinery of complaint to
the Court is thus subsidiary to national systems safeguarding human rights.
This subsidiary character is articulated in Articles 13 and 35 § 1 of the
Convention (see Kudła, cited above, § 152).
288. As the Court has held on many occasions, Article 13 of the
Convention guarantees the availability at national level of a remedy to
enforce the substance of the Convention rights and freedoms in whatever
form they may happen to be secured in the domestic legal order. The effect
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