M.S.S. v. BELGIUM AND GREECE JUDGMENT
42
THE LAW
204. In the circumstances of the case, the Court finds it appropriate to
proceed by first examining the applicant’s complaints against Greece and
then his complaints against Belgium.
I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION BY
GREECE BECAUSE OF THE CONDITIONS OF THE APPLICANT’S
DETENTION
205. The applicant alleged that the conditions of his detention at Athens
International Airport amounted to inhuman and degrading treatment within
the meaning of Article 3 of the Convention, which reads:
Article 3
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
A. The parties’ submissions
1. The applicant
206. The applicant complained about both periods of detention – the first
from 15 to 18 June 2009, following his arrival at Athens International
Airport, and the second from 1 to 7 August 2009, following his arrest at the
airport. He submitted that the conditions of detention at the centre next to
Athens International Airport were so appalling that they had amounted to
inhuman and degrading treatment. The applicant described his conditions of
detention as follows: he had been locked in a small room with twenty other
people, had had access to the toilets only at the discretion of the guards, had
not been allowed out into the open air, had been given very little to eat and
had had to sleep on a dirty mattress or on the bare floor. He further
complained that during his second period of detention he had been beaten
by the guards.
2. The Greek Government
207. The Greek Government disputed that the applicant’s rights under
Article 3 had been violated during his detention. The applicant had adduced
no evidence that he had suffered inhuman or degrading treatment.
208. In contrast with the description given by the applicant, the
Government described the holding centre as a suitably equipped short-stay