Πηγή: Ελληνικό Παρατηρητήριο των Συμφωνιών του Ελσίνκι (ΕΠΣΕ)
Στις 21/1/2010 θα καταστεί δημόσια η πολυαναμενόμενη απόφαση του Ευρωπαϊκού Δικαστηρίου Ανθρωπίνων Δικαιωμάτων στην υπόθεση MSS κατά Βελγίου και Ελλάδας ("πιλοτική"), που αφορά αιτούντα άσυλο, η επιστροφή του οποίου στην Ελλάδα δυνάμει του Κανονισμού Δουβλίνο ΙΙ ανεστάλη (όπως και εκατοντάδες άλλες, παρόμοιες) μέχρι τη λήψη απόφασης του Δικαστηρίου του Στρασβούργου για την πιλοτική αυτή υπόθεση.
Είχε προηγηθεί oral hearing την 1η Σεπτέμβρη του 2010, ενώπιον της Ευρείας Σύνθεσης του ΕΔΔΑ, με ιστορική πρώτη συμμετοχή του Επιτρόπου Ανθρωπίνων Δικαιωμάτων κ. Hammarberg και της Υ.Α. του ΟΗΕ για τους Πρόσφυγες.
Το ΕΠΣΕ είχε κάνει παρέμβαση ως τρίτο μέρος με έγκριση του ΕΔΔΑ, όπως και άλλες ΜΚΟ.
Ακολουθεί το δελτίο του ΕΔΔΑ για το hearing:
http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=873098&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649
Press release issued by the Registrar
GRAND CHAMBER HEARING
M.S.S. v. BELGIUM AND GREECE
The European Court of Human Rights is holding a Grand Chamber hearing today, Wednesday 1 September 2010, at 9.15 a.m. in the case of M.S.S. v. Belgium and Greece (application no. 30696/09). The hearing will be broadcast from 2.30 p.m. on the Court’s Internet site (http://www.echr.coe.int ).
The applicant, M.S.S., an Afghan national, left Kabul early in 2008 and, travelling via Iran and Turkey, entered the European Union through Greece.
On 10 February 2009, after passing through France, he arrived in Belgium, where he applied for asylum. By virtue of the “Dublin II” Regulation 1, the Belgian authorities submitted a request for the Greek authorities to take charge of the asylum application. The applicant objected, arguing that he ran the risk of detention in Greece in appalling conditions, that there were deficiencies in the asylum system in Greece and that he feared ultimately being sent back to Afghanistan without any examination of the reasons why he had fled that country, where he claimed he had escaped a murder attempt by the Taliban in reprisal for his having worked as an interpreter for the air force troops stationed in Kabul.
On 15 June 2009 the applicant was nonetheless transferred to Greece, the Aliens Office considering that Belgium was not the country responsible for examining the asylum application under the Dublin II Regulation and that there was no reason to suspect that the Greek authorities would fail to honour their obligations in asylum matters under Community law and the Geneva Convention on refugee status. On arriving at Athens airport the applicant was immediately placed in detention in an adjacent building, where he says the conditions were overcrowded and insalubrious. Following his release on 18 June 2009, he lived in the street, with no means of subsistence. Today he is still waiting for his first interview with the Greek asylum authorities.
The applicant alleges that by sending him back to Greece the Belgian authorities exposed him to a risk of inhuman and degrading treatment there, and that he was indeed subsequently subjected to such treatment. He also complains that he was sent back to Greece in spite of the risk that the authorities there would order his expulsion to Afghanistan without examining the reasons that made him flee that country. He further contends that he had no effective remedy in Belgium against the expulsion order, and no real guarantee that his asylum application would follow its normal course in Greece, in particular because of the deficiencies in the Greek asylum system. He relies on Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment or punishment) and 13 (right to an effective remedy) of the European Convention on Human Rights.
The application was lodged with the European Court of Human Rights on 11 June 2009.
On 2 July 2009 it was decided to apply Rule 39 of the Rules of Court (interim measures) against Greece pending the outcome of the proceedings before the Court.
On 16 March 2010 the Chamber to which the case had been allocated relinquished jurisdiction in favour of the Grand Chamber.
The case will be heard by the Grand Chamber composed as follows:
Jean-Paul Costa (France), President,
Christos Rozakis (Greece),
Nicolas Bratza (the United Kingdom),
Peer Lorenzen (Denmark),
Françoise Tulkens (Belgium),
Josep Casadevall (Andorra),
Ireneu Cabral Barreto (Portugal)
Elisabeth Steiner (Austria),
Elisabet Fura (Sweden),
Danut Jo ien (Lithuania),
Dragoljub Popovi (Serbia),
Mark Villiger (Liechtenstein),
András Sajó (Hungary),
Ledi Bianku (Albania),
Nona Tsotsoria (Georgia),
Ann Power (Ireland),
I l Karaka (Turkey), judges,
Giovanni Bonello (Malta),
Nebojša Vu ini (Montenegro),
Khanlar Hajiyev (Azerbaijan), substitute judges,
and also Michael O’Boyle, Deputy Registrar.
Representatives of the parties
Belgian Government: Marc Tysebaert, Agent of Government;
Edda Matterne, Counsel;
Isabelle Niedliespascher, Co-agent, and Valérie Demin, Advisers.
Greek Government: Georgiadis Konstantinos and Myrto Germani, Counsel.
Applicant: Zouhaier Chihaoui, Counsel.
Third-party interveners
The following third parties have been granted leave to submit written observations:
- the Governments of the Netherlands and the United Kingdom;
- the non-governmental organisations Aire Center and Amnesty International;
- the non-governmental organisation Greek Helsinki Monitor;
- the United Nations High Commissioner for Refugees (HCR);
- the Council of Europe Commissioner for Human Rights, Thomas Hammarberg.
The Governments of the Netherlands and the United Kingdom, the Commissioner for Human Rights and the HCR have been given leave to intervene in the oral proceedings.
This is the first intervention of the Human Rights Commissioner in proceedings before the Court, under Article 36 § 3 introduced by Protocol No. 14 to the Convention (which entered into force on 1 June 2010).
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After the hearing the Court will begin its deliberations, which will be held in private. Its ruling in the case will, however, be made at a later stage.
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