64
M.S.S. v. BELGIUM AND GREECE JUDGMENT
treatment by State agents (see paragraph 293 above). In addition, it
considers that such swift action is all the more necessary where, as in the
present case, the person concerned has lodged a complaint under Article 3
in the event of his deportation, has no procedural guarantee that the merits
of his complaint will be given serious consideration at first instance,
statistically has virtually no chance of being offered any form of protection
and lives in a state of precariousness that the Court has found to be contrary
to Article 3. It accordingly considers that the information supplied by the
Council of Europe Commissioner for Human Rights concerning the length
of proceedings (see paragraph 190 above), which the Government have not
contradicted, is evidence that an appeal to the Supreme Administrative
Court does not offset the lack of guarantees surrounding the examination of
asylum applications on the merits.
(c) Conclusion
321. In the light of the above, the preliminary objections raised by the
Greek Government (see paragraph 283 above) cannot be accepted and the
Court finds that there has been a violation of Article 13 of the Convention
taken in conjunction with Article 3 because of the deficiencies in the Greek
authorities’ examination of the applicant’s asylum request and the risk he
faces of being returned directly or indirectly to his country of origin without
any serious examination of the merits of his asylum application and without
having access to an effective remedy.
322. In view of that finding and of the circumstances of the case, the
Court considers that there is no need for it to examine the applicant’s
complaints lodged under Article 13 taken in conjunction with Article 2 of
the Convention.
IV. ALLEGED VIOLATION OF ARTICLES 2 AND 3 OF THE
CONVENTION BY BELGIUM FOR EXPOSING THE APPLICANT
TO THE RISKS ARISING FROM THE DEFICIENCIES IN THE
ASYLUM PROCEDURE IN GREECE
323. The applicant alleged that by sending him to Greece under the
Dublin Regulation when they were aware of the deficiencies in the asylum
procedure in Greece and had not assessed the risk he faced, the Belgian
authorities had failed in their obligations under Articles 2 and 3 of the
Convention (cited above).
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