M.S.S. v. BELGIUM AND GREECE JUDGMENT
49
resources in fleeing the country rather than in accommodation. Furthermore,
he had waited until 18 December 2009 before declaring that he was
homeless. Had he followed the instructions in the notification of 18 June
2009 and gone to the Attica police headquarters earlier to let them know he
had nowhere to stay, the authorities could have taken steps to find him
accommodation. The Government pointed out that the words “no known
place of residence” that appeared on the notification he was given simply
meant that he had not informed the authorities of his address.
241. Once the authorities had been informed of the applicant’s situation,
the necessary steps had been taken and he had now been found a place in a
hostel. The authorities had been unable to inform the applicant of this,
however, as he had left no address where they could contact him. In
addition, since June 2009 the applicant had had a “pink card” that entitled
him to work, vocational training, accommodation and medical care, and
which had been renewed twice.
242. The Government argued that in such circumstances it was up to the
applicant to come forward and show an interest in improving his lot.
Instead, however, everything he had done in Greece indicated that he had no
wish to stay there.
243. In any event, the Greek Government submitted that to find in
favour of the applicant would be contrary to the provisions of the
Convention, none of which guaranteed the right to accommodation or to
political asylum. To rule otherwise would open the doors to countless
similar applications from homeless persons and place an undue positive
obligation on the States in terms of welfare policy. The Government pointed
out that the Court itself had stated that “[w]hile it is clearly desirable that
every human being have a place where he or she can live in dignity and
which he or she can call home, there are unfortunately in the Contracting
States many persons who have no home. Whether the State provides funds
to enable everyone to have a home is a matter for political not judicial
decision” (see Chapman v. the United Kingdom [GC], no. 27238/95, § 99,
ECHR 2001-I).
B. Observations of the Council of Europe Commissioner for Human
Rights, the UNHCR, the AIRE Centre and Amnesty
International, third-party interveners
244. The Council of Europe Commissioner for Human Rights pointed
out that in comparison with the number of asylum applications lodged in
Greece each year, the country’s reception capacity – which in
February 2010 he said amounted to 11 reception centres with a total of 741
places – was clearly insufficient. He said that the material situation of
asylum-seekers was very difficult and mentioned the makeshift camp at
Patras which, until July 2009, had housed around 3,000 people, mainly
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