72
M.S.S. v. BELGIUM AND GREECE JUDGMENT
Although in the T.I. v. the United Kingdom case the Court rejected the
argument that the fact that Germany was a party to the Convention absolved
the United Kingdom from verifying the fate that awaited an asylum-seeker
it was about to transfer to that country, the fact that the asylum procedure in
Germany apparently complied with the Convention, and in particular
Article 3, enabled the Court to reject the allegation that the applicant’s
removal to Germany would make him run a real and serious risk of
treatment contrary to that Article. The Court considered that there was no
reason in that particular case to believe that Germany would have failed to
honour its obligations under Article 3 of the Convention and protect the
applicant from removal to Sri Lanka if he submitted credible arguments
demonstrating that he risked ill-treatment in that country.
343. That approach was confirmed and developed in the decision in
K.R.S. v. the United Kingdom (cited above). The case concerned the transfer
by the United Kingdom authorities, in application of the Dublin Regulation,
of an Iranian asylum-seeker to Greece, through which country he had passed
before arriving in the United Kingdom in 2006. Relying on Article 3 of the
Convention, the applicant complained of the deficiencies in the asylum
procedure in Greece and the risk of being sent back to Iran without the
merits of his asylum application being examined, as well as the reception
conditions reserved for asylum-seekers in Greece.
After having confirmed the applicability of the T.I. v. the United
Kingdom case-law to the Dublin Regulation (see also on this point Stapleton
v. Ireland (dec.), no. 56588/07, § 30, ECHR 2010), the Court considered
that in the absence of proof to the contrary it must assume that Greece
complied with the obligations imposed on it by the Council Directives
laying down minimum standards for asylum procedures and the reception of
asylum-seekers (“the Procedures Directive” and “the Reception Directive”;
see paragraphs 84 and 85 above), which had been transposed into Greek
law, and that it would comply with Article 3 of the Convention.
In the Court’s opinion, in view of the information available at the time to
the United Kingdom Government and the Court, it was possible to assume
that Greece was complying with its obligations and not sending anybody
back to Iran, the applicant’s country of origin.
Nor was there any reason to believe that persons sent back to Greece
under the Dublin Regulation, including those whose applications for asylum
had been rejected by a final decision of the Greek authorities, had been or
could be prevented from applying to the Court for an interim measure under
Rule 39 of the Rules of Court.
(b) Application of these principles to the present case
344. The Court has already stated its opinion that the applicant could
arguably claim that his removal to Afghanistan would violate Article 2 or
Article 3 of the Convention (see paragraphs 296-97 above).
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