M.S.S. v. BELGIUM AND GREECE JUDGMENT
89
9. Joins to the merits, unanimously, the preliminary objection raised by the
Belgian Government, rejects it and declares admissible, unanimously,
the complaints lodged against Belgium;
10. Holds, by sixteen votes to one, that there has been a violation by
Belgium of Article 3 of the Convention because, by sending him back to
Greece, the Belgian authorities exposed the applicant to risks linked to
the deficiencies in the asylum procedure in that State;
11. Holds, unanimously, that there is no need to examine the applicant’s
complaints under Article 2 of the Convention;
12. Holds, by fifteen votes to two, that there has been a violation by
Belgium of Article 3 of the Convention because, by sending him back to
Greece, the Belgian authorities exposed the applicant to detention and
living conditions in that State that were in breach of that Article;
13. Holds, unanimously, that there has been a violation by Belgium of
Article 13 taken in conjunction with Article 3 of the Convention;
14. Holds, unanimously, that there is no need to examine the applicant’s
complaints under Article 13 taken in conjunction with Article 2 of the
Convention;
15. Holds, unanimously,
(a) that the Greek State is to pay the applicant, within three months, the
following amounts:
(i) EUR 1,000 (one thousand euros) in respect of non-pecuniary
damage, plus any tax that may be chargeable;
(ii) EUR 4,725 (four thousand seven hundred and twenty-five
euros) in respect of costs and expenses, plus any tax that may be
chargeable to the applicant;
(b) that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amounts at a
rate equal to the marginal lending rate of the European Central Bank
during the default period plus three percentage points;
16. Holds,
(a) by fifteen votes to two, that the Belgian State is to pay the applicant,
within three months, EUR 24,900 (twenty-four thousand nine hundred
euros) in respect of non-pecuniary damage, plus any tax that may be
chargeable;
(b) by sixteen votes to one, that the Belgian State is to pay the applicant,
within three months, EUR 7,350 (seven thousand three hundred and fifty
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