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MSS v Belgium and Greece, Merits and just satisfaction, App no 30696/09, IHRL 153 (ECHR 2011), 21st January 2011, European Court of Human Rights [ECHR]; Grand Chamber [ECHR]

Reporter(s)

Oswaldo Ruiz Chiriboga

MSS v Belgium and Greece, Merits and just satisfaction, App no 30696/09, IHRL 153 (ECHR 2011), 21st January 2011, European Court of Human Rights [ECHR]; Grand Chamber [ECHR]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 April 2019

Whether the applicant's conditions of detention and living conditions in Greece amounted to a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (‘European Convention on Human Rights’, ‘ECHR’).

Whether there had been a violation by Greece of Article 13 of the ECHR taken in conjunction with Article 3, because of the deficiencies in the asylum procedure followed in the applicant's case and the risk of his expulsion to Afghanistan without any serious examination of the merits of his asylum application and without any access to an effective remedy.

Whether Belgium committed a violation of Article 3 of the ECHR by sending the applicant back to Greece, where he could be exposed to risks linked to the deficiencies in the asylum procedure in that state, and risks linked to detention and living conditions in that state.

Whether Belgium offered an effective remedy to the applicant, according to Article 13 of the ECHR.

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