M.S.S. v. BELGIUM AND GREECE JUDGMENT
53
260. The fact that a place in a reception centre has apparently been
found in the meantime does not change the applicant’s situation since the
authorities have not found any way of informing him of this fact. The
situation is all the more disturbing in that this information was already
referred to in the Government’s observations submitted to the Court on
1 February 2010, and the Government informed the Grand Chamber that the
authorities had seen the applicant on 21 June 2010 and handed him a
summons without, however, informing him that accommodation had been
found.
261. The Court also fails to see how having a “pink card” could have
been of any practical use whatsoever to the applicant. The law does provide
for asylum-seekers who have been issued with “pink cards” to have access
to the job market, which would have enabled the applicant to try to solve his
problems and provide for his basic needs. Here again, however, the reports
consulted reveal that in practice access to the job market is so riddled with
administrative obstacles that this cannot be considered a realistic alternative
(see paragraphs 160 and 172 above). In addition, the applicant had personal
difficulties due to his lack of command of the Greek language, the lack of
any support network and the generally unfavourable economic climate.
262. Lastly, the Court notes that the situation the applicant complains of
has lasted since his transfer to Greece in June 2009. It is linked to his status
as an asylum-seeker and to the fact that his asylum application has not yet
been examined by the Greek authorities. In other words, the Court is of the
opinion that, had they examined the applicant’s asylum request promptly,
the Greek authorities could have substantially alleviated his suffering.
263. In the light of the above and in view of the obligations incumbent
on the Greek authorities under the Reception Directive (see paragraph 84
above), the Court considers that the Greek authorities have not had due
regard to the applicant’s vulnerability as an asylum-seeker and must be held
responsible, because of their inaction, for the situation in which he has
found himself for several months, living on the street, with no resources or
access to sanitary facilities, and without any means of providing for his
essential needs. The Court considers that the applicant has been the victim
of humiliating treatment showing a lack of respect for his dignity and that
this situation has, without doubt, aroused in him feelings of fear, anguish or
inferiority capable of inducing desperation. It considers that such living
conditions, combined with the prolonged uncertainty in which he has
remained and the total lack of any prospects of his situation improving, have
attained the level of severity required to fall within the scope of Article 3 of
the Convention.
264. It follows that, through the fault of the authorities, the applicant has
found himself in a situation incompatible with Article 3 of the Convention.
Accordingly, there has been a violation of that provision.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents