M.S.S. v. BELGIUM AND GREECE JUDGMENT
45
to be taken into account, the absence of any such purpose cannot
conclusively rule out a finding of a violation of Article 3 (see Peers v.
Greece, no. 28524/95, § 74, ECHR 2001-III).
221. Article 3 of the Convention requires the State to ensure that
detention conditions are compatible with respect for human dignity, that the
manner and method of the execution of the measure do not subject the
detainees to distress or hardship of an intensity exceeding the unavoidable
level of suffering inherent in detention and that, given the practical demands
of imprisonment, their health and well-being are adequately secured (see,
for example, Kudła, cited above, § 94).
222. The Court has held that confining an asylum-seeker to a
prefabricated cabin for two months without allowing him outdoors or to
make a telephone call, and with no clean sheets and insufficient hygiene
products, amounted to degrading treatment within the meaning of Article 3
of the Convention (see S.D. v. Greece, no. 53541/07, §§ 49-54, 11 June
2009). Similarly, a period of detention of six days, in a confined space, with
no possibility of taking a walk, no leisure area, sleeping on dirty mattresses
and with no free access to a toilet is unacceptable with respect to Article 3
(ibid., § 51). The detention of an asylum-seeker for three months on police
premises pending the application of an administrative measure, with no
access to any recreational activities and without proper meals has also been
considered as degrading treatment (see Tabesh v. Greece, no. 8256/07,
§§ 38-44, 26 November 2009). Lastly, the Court has found that the
detention of an applicant, who was also an asylum-seeker, for three months
in an overcrowded place in appalling conditions of hygiene and cleanliness,
with no leisure or catering facilities, where the dilapidated state of repair of
the sanitary facilities rendered them virtually unusable and where the
detainees slept in extremely filthy and crowded conditions amounted to
degrading treatment prohibited by Article 3 (see A.A. v. Greece,
no. 12186/08, §§ 57-65, 22 July 2010).
(b) Application in the present case
223. The Court notes first of all that the States which form the external
borders of the European Union are currently experiencing considerable
difficulties in coping with the increasing influx of migrants and asylumseekers. The situation is exacerbated by the transfers of asylum-seekers by
other member States in application of the Dublin Regulation (see
paragraphs 65-82 above). The Court does not underestimate the burden and
pressure this situation places on the States concerned, which are all the
greater in the present context of economic crisis. It is particularly aware of
the difficulties involved in the reception of migrants and asylum-seekers on
their arrival at major international airports and of the disproportionate
number of asylum-seekers when compared to the capacities of some of