46
M.S.S. v. BELGIUM AND GREECE JUDGMENT
those States. However, having regard to the absolute character of Article 3,
that cannot absolve a State of its obligations under that provision.
224. That being so, the Court does not accept the argument of the Greek
Government that it should take these difficult circumstances into account
when examining the applicant’s complaints under Article 3.
225. The Court deems it necessary to take into account the
circumstances of the applicant’s placement in detention and the fact that in
spite of what the Greek Government suggest, the applicant did not, on the
face of it, have the profile of an “illegal immigrant”. On the contrary,
following the agreement on 4 June 2009 to take charge of the applicant, the
Greek authorities were aware of the applicant’s identity and of the fact that
he was a potential asylum-seeker. In spite of that, he was immediately
placed in detention, without any explanation being given.
226. The Court notes that according to various reports by international
bodies and non-governmental organisations (see paragraph 160 above), the
systematic placement of asylum-seekers in detention without informing
them of the reasons for their detention is a widespread practice of the Greek
authorities.
227. The Court also takes into consideration the applicant’s allegations
that he was subjected to brutality and insults by the police during his second
period of detention. It observes that these allegations are not supported by
any documentation such as a medical certificate and that it is not possible to
establish with certainty exactly what happened to the applicant. However,
the Court is once again obliged to note that the applicant’s allegations are
consistent with numerous accounts collected from witnesses by
international organisations (see paragraph 160 above). It notes, in particular,
that following its visit to the holding centre next to Athens International
Airport in 2007, the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT) reported cases of
ill-treatment at the hands of police officers (see paragraph 163 above).
228. The Court notes that the parties disagree about the sectors in which
the applicant was held. The Government submit that he was held in two
different sectors and that the difference between the facilities in the two
sectors should be taken into account. The applicant, on the other hand,
claims that he was held in exactly the same conditions during both periods
of detention. The Court notes that the assignment of detainees to one sector
or another does not follow any strict pattern in practice but may vary
depending on the number of detainees in each sector (see paragraph 165
above). It is possible, therefore, that the applicant was detained twice in the
same sector. The Court concludes that there is no need for it to take into
account the distinction made by the Government on this point.
229. It is important to note that the applicant’s allegations concerning
living conditions in the holding centre are supported by similar findings by
the CPT, the UNHCR, Amnesty International and Médecins sans Frontières