M.S.S. v. BELGIUM AND GREECE JUDGMENT
35
Detainees held in the third sector told Amnesty International that the police officers
did not allow them to walk in the corridor outside their cells, and that there were
severe difficulties in gaining access to the toilets. At the time of the organisation’s
visit, detainees were knocking on the cell doors and desperately asking the police to
let them go to the toilet. Amnesty International delegates observed that some people
who were allowed to go to the toilet were holding a plastic water bottle half or almost
completely full of urine. The police authorities admitted that in every cell detainees
used plastic bottles for their toilet needs which they emptied when they were allowed
to go to the toilet. The delegates also observed that the toilet facilities were dirty and
the two showers had neither door nor curtain, and thus lacked any privacy.
The Athens Airport police authorities told Amnesty International that the imposition
of prison sentences on irregular migrants or asylum-seekers arrested at the airport for
using false documents, who were unable to pay trial expenses, contributed to the
overcrowding of the detention area.
At the time of the visit, the organisation observed a complete lack of hygiene
products such as soap, shampoo and toilet paper in all sectors. In addition, many of
those detained told the delegates they had no access to their luggage, so they did not
have their personal belongings, including changes of clothes. Some said that, as a
result, they had been wearing the same clothes for weeks. Furthermore, there was no
opportunity for outside exercise at all. Two individuals complained that they did not
have access to their medication because it was in their luggage. Similar reports were
received during the October 2009 visit. In addition, concerns regarding access to
medical assistance remained unchanged since October 2009. The airport authorities
told Amnesty International that there was no regular doctor in the facility and medical
care was provided only when requested by a detainee by calling the airport’s first aid
doctors.”
166. Following their visit on 30 April 2010, Médecins sans Frontières –
Greece published a report which also described overcrowding in the
detention centre (300 detainees) and appalling sanitary and hygiene
conditions. In three cells for families, with a capacity of 8 to 12 people, 155
people were being held without ventilation and with only 4 toilets and
showers.
C. Living conditions
167. According to the people interviewed for the reports listed in
paragraph 160 above, when asylum-seekers were released the practice
varied. At Athens International Airport they were either given a “pink card”
directly or they were told to report to the Attica police headquarters to get
one. Sometimes those in Greece for the first time were directly issued with
an order to leave the country within a few days. If they arrived and were
detained elsewhere in the country, the practice was more consistent and
consisted of issuing them with an order to leave the country and sending
them to a large city like Athens or Patras.
168. In any event, it appears that they are given no information about the
possibilities of accommodation. In particular, the people interviewed