M.S.S v. Belgium and Greece – Claims against Greece
{"Image DocumentName": "M.S.S v. Belgium and Greece \u2013 Claims against Greece", "Image ImageDescription": "\u201eArticle 3 of the Convention requires the State to ensure that detention conditions are compatible with respect for human dignity, that the manner and method of the execution of the measure do not subject the detainees to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention and that, given the practical demands of imprisonment, their health and well-being are adequately secured (\u00a7 221) Application of the principle to the present case \u2013 the Court\u2019s dictum He Court acknowledges the increased hardship of external border states because of Dublin, but Art. 3 is absolute After return to Greece the authorities new, that M.S.S. did not \u201ehave the profile of an \u2018illegal migrant\u2019 145 persons on 110 m2 usually locked up, without hygienic tools + the asylum seeker especially vulnerable --> \u201etaken together, the feeling of arbitrariness and the feeling of inferiority and anxiety often associated with it, as well as the profound effect such conditions of detention indubitably have on a person s dignity, constitute degrading treatment contrary to Article 3 of the Convention. In addition, the applicant s distress was accentuated by the vulnerability inherent in his situation as an asylum seeker. (\u00a7 233) VIOLATION of Article 3 held UNANIMOUSLY \u00a7222 \u201eThe Court has held that confining an asylum seeker to a prefabricated cabin for two months without allowing him outdoors or to make a telephone call, and with no clean sheets and insufficient hygiene products, amounted to degrading treatment within the meaning of Article 3 of the Convention (see S.D. v. Greece, no /07, \u00a7\u00a7 49 to 54, 11 June 2009). Similarly, a period of detention of six days, in a confined space, with no possibility of taking a walk, no leisure area, sleeping on dirty mattresses and with no free access to a toilet is unacceptable with respect to Article 3 (ibid., \u00a7 51). The detention of an asylum seeker for three months on police premises pending the application of an administrative measure, with no access to any recreational activities and without proper meals has also been considered as degrading treatment (see Tabesh v. Greece, no. 8256/07, \u00a7\u00a7 38 to 44, 26 November 2009). Lastly, the Court has found that the detention of an applicant, who was also an asylum seeker, for three months in an overcrowded place in appalling conditions of hygiene and cleanliness, with no leisure or catering facilities, where the dilapidated state of repair of the sanitary facilities rendered them virtually unusable and where the detainees slept in extremely filthy and crowded conditions amounted to degrading treatment prohibited by Article 3 (see A.A. v. Greece, no /08, \u00a7\u00a7 57 to 65, 22 July 2010).", "Image XResolution": "37", "Image YResolution": "37", "Image ResolutionUnit": "Pixels/Centimeter", "Image Software": "SlidePlayer", "Image YCbCrPositioning": "Centered"}