M.S.S. v. BELGIUM AND GREECE JUDGMENT – SEPARATE OPINIONS 107 would encourage forum shopping and undermine the present European Union refugee system, thereby causing further malfunctions and suffering. However, all this does not affect his victim status with regard to Belgium. Belgium should not have deported him to Greece, where he was likely to be subjected to a humiliating process, given the known procedural shortcomings of the asylum system (but not for lack of adequate living conditions)1. III. ALLEGED VIOLATION BY GREECE OF ARTICLE 13 TAKEN IN CONJUNCTION WITH ARTICLES 2 AND 3 OF THE CONVENTION BECAUSE OF THE SHORTCOMINGS IN THE ASYLUM PROCEDURE AND THE SUBSEQUENT RISK OF REFOULEMENT I found that the applicant lacked victim status regarding his stay in Greece during the asylum procedure. It therefore needs some explanation why I find that the applicant has standing regarding the risks of refoulement. Contrary to the Court, I do not find convincing the information that there is forced refoulement to Afghanistan (paragraph 314 of the judgment). At the material time (2009), referring to the Court’s decision in K.R.S. v. the United Kingdom ((dec.), no. 32733/08, 2 December 2008), the UNHCR did not consider that the danger of refoulement existed in Greece (paragraph 195)2. However, the Government’s policy may change in this regard. Only a system of proper review of an asylum request and/or deportation order with suspensive effect satisfies the needs of legal certainty and protection required in such matters. Because of the shortcomings of the procedure in Greece, as described in paragraph 320 of the judgment, the applicant remains without adequate protection, irrespective of his nonparticipation in the asylum procedure, irrespective of his contribution to the alleged humiliation due to the deficiencies of the asylum procedure, and 1. Certainly, Belgium could not foresee that the applicant would make efforts to bypass the Greek (and European Union) system as he simply wished to leave Greece. I do not find convincing the argument that the applicant wanted to leave Greece because of his state of need (paragraph 239 of the judgment). He left Greece six weeks after he applied for asylum. However, this personal choice, which showed disregard for the asylum procedure, does not absolve Belgium of its responsibilities which existed at the moment of the applicant’s transfer to Greece. The inhuman and degrading nature of the asylum procedure was a matter known to Belgium. This does not apply to the applicant’s detention in Greece (see below). 2. The Court held this letter of the UNHCR of 2 April 2009 to be of critical importance (paragraph 349 of the judgment) when it came to the determination of Belgium’s responsibility. Further, given the assurances of the Greek Government (paragraph 354) and the lack of conclusive proof of refoulement, there was nothing Belgium should have known in this regard; and Belgium has no responsibility in this respect.