“…a remedy in practice is decisive when assessing its effectiveness” (MSS v Belgium and Greece (European Court of Human Rights (“ECtHR”) Application No 30696/09) (2011) 53 EHRR 2 at [318], emphasis added). This means that a person must not only have the right to access the court in the direct sense, but also the right to access legal ad…”
“…material needs, it has done so by reference to article 3, which prohibits inhuman or degrading treatment. Thus, in the leading case of MSS v Belgium and Greece (2011) 53 EHRR 2 the Court held that Greece was in breach of article 3 in failing to provide for the most basic needs for food, hygiene and shelter of an asylum-seeker (“a memb…”
“…dequate alternative remedy for the purposes of Article 35 of the Convention because, as had already been determined in the judgment in MSS v Belgium and Greece (2011) 53 EHRR 2, the procedure at that stage could not be relied upon to be sufficiently rigorous in its examination of the complaint under Article 3). At para. [205] the Gran…”