Article ECHR M.S.S. vs Belgium and Greece violation art 3 and 13

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The case concerned the expulsion of an asylum seeker to Greece by the Belgian authorities in application of the EU Dublin II Regulation. ECHR Grand Chamber ruling in case 30696/09 M.S.S. v Belgium and Greece. The Court concludes violation of art 3 (prohibition of inhuman or degrading treatment or punishment) and article 13 (effective remedy)of the European Convention of Human Rights. In returning an Afghan asylumseeker to Greece on basis of the EU Dublin II regulation, both Belgium and Greece have violated the Convention. Greece violated article 3 because of the applicant’s detention conditions and because of his living conditions in Greece; together with article 13 because of the deficiencies in the asylum procedure followed in the applicant’s case. A violation of Article 3 by Belgium both because of having exposed the applicant to risks linked to the deficiencies in the asylum procedure in Greece and because of having exposed him to detention and living conditions in Greece that were in breach of Article 3; together with Article 3 by Belgium because of the lack of an effective remedy against the applicant’s expulsion order.

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