13 years after M.S.S:
Report on Human Rights, Access to Asylum and Detention Conditions in Greece
Joint Submission by I Have Rights, Mobile Info Team and Equal Legal Aid
8th August 2024
The landmark 2011 M.S.S. v. Belgium and Greece ruling by the European Court of Human Rights found that the Greek Government violated Article 3 of the European Convention of Human Rights, namely the prohibition of inhuman and degrading treatment, due to conditions in Greek detention facilities, the living conditions of asylum seekers and unaccompanied minors, and the lack of an effective remedy against expulsion due to deficiencies in the asylum procedure. Due to the systemic deficiencies found in these areas the ruling concluded that transfers of asylum seekers to Greece under the Dublin Regulation therefore amounted to refoulement. As a result, removals of asylum seekers back to Greece were suspended. Despite twelve years passing, Greece has yet to fully implement the judgment.
In their submission, I Have Rights, Mobile Info Team and Equal Legal Aid assess the extent of Greece’s compliance with the landmark judgment, thirteen years after M.S.S, highlighting that serious problems continue to persist, affecting a large number of vulnerable people.
Together the organisations call on the Committee of Ministers to urge Greece to ensure the respect of asylum seekers' dignity and their access to legal assistance, vulnerability assessments, effective remedies, and to use detention only as a last resort.
