M.S.S. v. BELGIUM AND GREECE JUDGMENT – SEPARATE OPINIONS 111 to appeal against any expulsion decision made and to apply to the Court for a Rule 39 indication. 3. The Court in the K.R.S. v. the United Kingdom decision also took express account of reports and other evidential material before it. (i) The judgment of the Court of Justice of the European Communities (CJEC) of 19 April 2007 in Case C-72/06 Commission v. Greece, in which the CJEC found that Greece had failed to implement Council Directive 2003/9/EC, laying down minimum standards for the reception of asylumseekers: the Directive was subsequently transposed into Greek law in November 2007. (ii) A report of the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (CPT) dated 8 February 2008 in which the CPT published its findings on a visit to Greece in February 2007. Having reviewed the conditions of detention for asylum-seekers, the CPT made a series of recommendations concerning the detention and treatment of detainees, including a revision of occupancy rules so as to offer a minimum of 4 sq. m of space per detainee, unimpeded access to toilet facilities and the provision of products and equipment for personal hygiene. The CPT also found the staffing arrangements in the detention facilities to be totally inadequate and directed that proper healthcare services be provided to detainees. (iii) A report of Amnesty International of 27 February 2008, entitled Greece: No Place for an Asylum-Seeker, which described the poor conditions in which immigration detainees were held in that country and the lack of legal guarantees with regard to the examination of their asylum claims, particularly the conduct of interviews in the absence of an interpreter or lawyer. While noting that Greece did not return persons to Afghanistan, the report criticised Greece for failing to process their applications in a prompt, fair way, leaving them without legal status and therefore without legal rights. (iv) A report of 9 April 2008 of the Norwegian Organisation for Asylum Seekers, the Norwegian Helsinki Committee and the Greek Helsinki Monitor recording, inter alia, the keeping of asylum-seekers in Greece in police custody; the very limited resources in the country for handling asylum applications; the lack of legal assistance for asylum-seekers; the very small number of residence permits granted; the inadequate number of reception centre places; and the small number of police officers assigned to interview more than 20,000 asylum-seekers arriving in Greece in the course of a year and the short and superficial nature of the asylum interviews. (v) The position paper of the UNHCR of 15 April 2008, advising member States of the European Union to refrain from returning asylumseekers from Greece under the Dublin Regulation until further notice. The position paper criticised the reception procedures for “Dublin” returnees at Athens International Airport and at the central Police Asylum Department

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