M.S.S. v. BELGIUM AND GREECE JUDGMENT – SEPARATE OPINIONS
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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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