M.S.S. v. BELGIUM AND GREECE JUDGMENT
1
In the case of M.S.S. v. Belgium and Greece,
The European Court of Human Rights, sitting as a Grand Chamber
composed of:
Jean-Paul Costa, President,
Christos Rozakis,
Nicolas Bratza,
Peer Lorenzen,
Françoise Tulkens,
Josep Casadevall,
Ireneu Cabral Barreto,
Elisabet Fura,
Khanlar Hajiyev,
Danutė Jočienė,
Dragoljub Popović,
Mark Villiger,
András Sajó,
Ledi Bianku,
Ann Power,
Işıl Karakaş,
Nebojša Vučinić, judges,
and Michael O’Boyle, Deputy Registrar,
Having deliberated in private on 1 September and 15 December 2010,
Delivers the following judgment, which was adopted on the lastmentioned date:
PROCEDURE
1. The case originated in an application (no. 30696/09) against the
Kingdom of Belgium and the Hellenic Republic lodged with the Court
under Article 34 of the Convention for the Protection of Human Rights and
Fundamental Freedoms (“the Convention”) by an Afghan national,
Mr M.S.S. (“the applicant”), on 11 June 2009. The President of the
Chamber to which the case had been assigned acceded to the applicant’s
request not to have his name disclosed (Rule 47 § 3 of the Rules of Court).
2. The applicant was represented by Mr Z. Chihaoui, a lawyer practising
in Brussels. The Belgian Government were represented by their Agent,
Mr M. Tysebaert, and their Co-Agent, Ms I. Niedlispacher. The Greek
Government were represented by Ms M. Germani, Legal Assistant at the
State Legal Council.
3. The applicant alleged in particular that his expulsion by the Belgian
authorities had violated Articles 2 and 3 of the Convention and that he had
been subjected in Greece to treatment prohibited by Article 3; he also