50
M.S.S. v. BELGIUM AND GREECE JUDGMENT
Iraqis and Afghans, in unacceptable conditions from the point of view of
housing and hygiene standards. During his visit in February 2010, he noted
that in spite of the announcement made by the Government in 2008,
construction work on a centre capable of housing 1,000 people had not yet
started. The police authorities in Patras had informed him that about 70% of
the Afghans were registered asylum-seekers and held “pink cards”. He also
referred to the case of three Afghans in the region of Patras who had been in
Greece for two years, living in cardboard shelters with no help from the
Greek State. Only the local Red Cross had offered them food and care.
245. The UNHCR shared the same concern. According to data for 2009,
there were 12 reception centres in Greece with a total capacity of 865
places. An adult male asylum-seeker had virtually no chance at all of being
offered a place in a reception centre. Many lived in public spaces or
abandoned houses or shared the exorbitant cost of a room with no support
from the State. According to a survey carried out from February to
April 2010, all the “Dublin” asylum-seekers questioned were homeless. At
the hearing, the UNHCR emphasised how difficult it was to gain access to
the Attica police headquarters – making it virtually impossible to comply
with the deadlines set by the authorities – because of the number of people
waiting and the arbitrary selection made by the security staff at the entrance
to the building.
246. According to the AIRE Centre and Amnesty International, the
situation in Greece today is that asylum-seekers are deprived not only of
material support from the authorities but also of the right to provide for their
own needs. The extreme poverty thus produced should be considered as
treatment contrary to Article 3 of the Convention, in keeping with the
Court’s case-law in cases concerning situations of poverty brought about by
the unlawful action of the State.
C. The Court’s assessment
1. Admissibility
247. The Court considers that the applicant’s complaints under
Article 3 of the Convention because of his living conditions in Greece raise
complex issues of law and fact, the determination of which requires an
examination of the merits.
248. It follows that this part of the application is not manifestly illfounded within the meaning of Article 35 § 3 of the Convention. Nor is it
inadmissible on any other grounds. It must therefore be declared admissible.
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