48
M.S.S. v. BELGIUM AND GREECE JUDGMENT
II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
BY GREECE BECAUSE OF THE APPLICANT’S LIVING
CONDITIONS
235. The applicant alleged that the state of extreme poverty in which he
had lived since he arrived in Greece amounted to inhuman and degrading
treatment within the meaning of Article 3, cited above.
A. The parties’ submissions
1. The applicant
236. The applicant complained that the Greek authorities had given him
no information about possible accommodation and had done nothing to
provide him with any means of subsistence even though they were aware of
the precarious situation of asylum-seekers in general and of his case in
particular. He submitted that he had been given no information brochure
about the asylum procedure and that he had told the authorities several times
that he was homeless. This was demonstrated, he submitted, by the words
“no known place of residence” that appeared on the notification issued to
him on 18 June 2009.
237. The applicant pointed out that steps had been taken to find him
accommodation only after he had informed the police, on 18 December
2009, that his case was pending before the Court. He submitted that he had
presented himself at the police headquarters a number of times in
December 2009 and early January 2010 and waited for hours to find out
whether any accommodation had been found. As no accommodation was
ever offered he had, eventually, given up.
238. With no means of subsistence, he, like many other Afghan asylumseekers, had lived in a park in the middle of Athens for many months. He
spent his days looking for food. Occasionally he received material aid from
the local people and the Church. He had no access to any sanitary facilities.
At night he lived in permanent fear of being attacked and robbed. He
submitted that the resulting situation of vulnerability and material and
psychological deprivation amounted to treatment contrary to Article 3.
239. The applicant considered that his state of need, anxiety and
uncertainty was such that he had no option but to leave Greece and seek
refuge elsewhere.
2. The Greek Government
240. The Greek Government submitted that the situation in which the
applicant had found himself after he had been released was the result of his
own choices and omissions. The applicant had chosen to invest his