The possibility of introducing an asylum claim is a conditio sine qua non for the effective protection of persons in need of international protection. If authorities do not guarantee unhindered access to the asylum procedure, asylum-seekers can not make use of the procedural rights foreseen within the asylum procedure and are at risk of being arrested at any time. Hence even if the asylum procedure offers effective safeguards, these are of no use if, as in the present case, the asylum claim is not registered for a long period of time. [85] violation of article 13 (effective remedy) in combination with article 3 ECHR.
Afghanistan: In Kabul, a high-intensity situation of indiscriminate violence resulting from an internal armed conflict allows granting a civilian the benefit of subsidiary protection under Article L. 712-1 (c) of the CESEDA.