M.S.S. v. BELGIUM AND GREECE JUDGMENT
7
“That decision was based on the express understanding that Greece, as a Contracting
State, would abide by its obligations under Articles 3, 13 and 34 of the Convention.
The Section also expressed its confidence that your Government would comply with
their obligations under the following:
– the Dublin Regulation referred to above;
– Council Directive 2005/85/EC of 1 December 2005 on minimum standards on
procedures in member States for granting and withdrawing refugee status; and
– Council Directive 2003/9/EC of 27 January 2003 laying down minimum
standards for the reception of asylum-seekers.
I should be grateful therefore if your Government would undertake to inform the
Court of the progress of any asylum claim made by the applicant in Greece as well as
the place of detention, if he is detained on arrival in Greece.”
D. Indication of interim measures against Greece
33. On 15 June 2009 the applicant was transferred to Greece. On
arriving at Athens International Airport he gave his name as that used in the
agreement confirming responsibility for the examination of his asylum
request, issued by the Greek authorities on 4 June 2009.
34. On 19 June 2009 the applicant’s lawyer received a first text
message, in respect of which he informed the Court. It stated that upon
arrival the applicant had immediately been placed in detention in a building
next to the airport, where he was locked up in a small space with twenty
other detainees, had access to the toilets only at the discretion of the guards,
was not allowed out into the open air, was given very little to eat and had to
sleep on a dirty mattress or on the bare floor.
35. When released on 18 June 2009, he was given an asylum-seeker’s
card (a “pink card”; see paragraph 89 below). At the same time, the police
issued him with the following notification (translation provided by the
Greek Government):
“In Spata, on 18 June 2009 at 12.58 p.m., I, the undersigned police officer ...,
notified the Afghan national ..., born on ..., of no registered address, that he must
report within two days to the Aliens Directorate of the Attica Police Asylum
Department to declare his home address in Greece so that he can be informed of
progress with his asylum application.”
36. The applicant did not report to the Attica police headquarters on
Petrou Ralli Avenue in Athens (“the Attica police headquarters”).
37. Having no means of subsistence, the applicant went to live in a park
in central Athens where other Afghan asylum-seekers had assembled.
38. Having been informed of the situation on 22 June 2009, the Registrar
of the Second Section sent a further letter to the Greek Government which
read as follows: