M.S.S. v. BELGIUM AND GREECE JUDGMENT 85 408. The Belgian Government argued that if the Court were to find Belgium liable the applicant could take legal action in the Belgian courts to obtain compensation for any non-pecuniary damage caused by his detention. In any event, the Government considered the claim ill-founded, the applicant having failed to demonstrate any fault on the part of the State or to establish any causal link between the alleged fault and the non-pecuniary damage allegedly sustained. 409. The Court notes that it can award sums in respect of the just satisfaction provided for in Article 41 where the loss or damage claimed have been caused by the violation found, while the State is not required to pay sums in respect of damage for which it is not responsible (see Saadi v. Italy [GC], no. 37201/06, § 186, ECHR 2008). In the present case, the Court has not found a violation of the Convention because of the applicant’s detention in Belgium prior to his transfer to Greece. It accordingly rejects this part of the claim. 410. As regards the alleged damage caused by the transfer to Greece, the Court has found that the transfer gave rise to a violation of Article 3 of the Convention both because it exposed the applicant to treatment prohibited by that provision, in detention and during his stay in Greece, and because it exposed the applicant to the risks inherent in the deficiencies in the asylum procedure in Greece. It notes that the fact that the applicant could claim compensation in the Belgian courts does not oblige the Court to reject the claim as being ill-founded (see De Wilde, Ooms and Versyp v. Belgium (Article 50), 10 March 1972, § 16, Series A no. 14). 411. The Court considers that the applicant must have experienced certain distress for which the Court’s findings of violations alone cannot constitute just satisfaction. Having regard to the nature of the violations found in the instant case, the Court considers it equitable to uphold the applicant’s claim and awards him EUR 24,900 in respect of non-pecuniary damage. 2. Costs and expenses (a) In respect of Greece 412. The applicant claimed the reimbursement of the cost of his defence before the Court against the Greek Government. According to the list of fees and expenses submitted by the applicant’s lawyer, the costs and expenses as at 15 March 2010 totalled EUR 3,450 based on an hourly fee of EUR 75. The lawyer indicated that he had agreed with the applicant that the latter would pay him by instalments based on the above-mentioned hourly fee if he won the case before the Court. 413. The Greek Government found this claim excessive and unsubstantiated.