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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