Resolution CM/ResDH(2025)132
Execution of the judgment of the European Court of Human Rights
M.S.S. against Greece
 
(Adopted by the Committee of Ministers on 12 June 2025
at the 1531st meeting of the Ministers’ Deputies)
 
 
Application No.
Case
Judgment of
Final on
30696/09
M.S.S.
21/01/2011
21/01/2011
 
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
 
Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations established on account of the degrading treatment of the applicant, an asylum seeker, due to the conditions of detention and living conditions in Greece; and on account of the lack of an effective remedy against expulsion, due to deficiencies in the system of registration and examination of his asylum application (violations of Articles 3 and 13 taken in conjunction with Article 3).
 
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
 
-          of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
-          of general measures preventing similar violations;
 
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
 
Recalling that the question of individual measures was resolved, given that the just satisfaction awarded by the Court, was paid in full and that, in 2012, the applicant obtained refugee status in Belgium; recalling in this respect the Committee’s decision to close the examination of the individual measures at its
1144th meeting (June 2012) (DH);
 
Noting with satisfaction, with regard to asylum procedures, the authorities’ sustained efforts to enhance the national asylum system and the significant progress achieved throughout the years concerning the length and accessibility of asylum proceedings, as well as the increase in recognition rates, legal assistance and interpretation; considered therefore that it can be reasonably concluded, on the basis of the measures, that similar violations will be prevented in the future;
 
Noting further that the outstanding general measures in relation to broader reception and living conditions, including medical care, of asylum seekers and irregular migrants continue to be examined by the Committee within the context of the A.R. and Others case, while the issue of their conditions of detention continue to be examined in the Muhammad case, and that the closure of this case in no way prejudges the Committee’s evaluation of the remaining general measures in relation to the aforementioned issues;
 
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
 
DECIDES to close the examination of this case.