M.S.S. v. BELGIUM AND GREECE JUDGMENT 9 45. On 3 August 2009 he was sentenced by the Athens Criminal Court to two months’ imprisonment, suspended for three years, for attempting to leave the country with false papers. 46. On 4 August 2009 the Ministry of Public Order (now the Ministry of Civil Protection) adopted an order stipulating that in application of section 76 of Law no. 3386/2005 on the entry, residence and social integration of third-country nationals in Greece, the applicant was the subject of an administrative expulsion procedure. It further stipulated that the applicant could be released as he was not suspected of intending to abscond and was not a threat to public order. 47. On 18 December 2009 the applicant went to the Attica police headquarters, where his “pink card” was renewed for six months. In a letter on the same day, the police took note in writing that the applicant had informed them that he had nowhere to live, and asked the Ministry of Health and Social Solidarity to help find him a home. 48. On 20 January 2010 the decision to expel the applicant was automatically revoked by the Greek authorities because the applicant had made an application for asylum prior to his arrest. 49. In a letter dated 26 January 2010, the Ministry of Health and Social Solidarity informed the State Legal Council that, because of strong demand, the search for accommodation for the applicant had been delayed, but that somewhere had been found; in the absence of an address where he could be contacted, however, it had not been possible to inform the applicant. 50. On 18 June 2010 the applicant went to the Attica police headquarters, where his “pink card” was renewed for six months. 51. On 21 June 2010 the applicant received a notice in Greek, which he signed in the presence of an interpreter, inviting him to an interview at the Attica police headquarters on 2 July 2010. The applicant did not attend the interview. 52. Contacted by his counsel after the hearing before the Court, the applicant informed him that the notice had been handed to him in Greek when his “pink card” had been renewed and that the interpreter had made no mention of any date for an interview. 53. In a text message to his counsel dated 1 September 2010, the applicant informed him that he had once again attempted to leave Greece for Italy, where he had heard that reception conditions were more decent and he would not have to live on the street. He was stopped by the police in Patras and taken to Salonika, then to the Turkish border for expulsion there. At the last moment, the Greek police decided not to expel him, according to the applicant because of the presence of the Turkish police.

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