88 M.S.S. v. BELGIUM AND GREECE JUDGMENT D. Default interest 424. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points. FOR THESE REASONS, THE COURT 1. Joins to the merits, by sixteen votes to one, the preliminary objections raised by the Greek Government and rejects them; 2. Declares admissible, unanimously, the complaint under Article 3 of the Convention concerning the conditions of the applicant’s detention in Greece; 3. Holds, unanimously, that there has been a violation by Greece of Article 3 of the Convention because of the applicant’s conditions of detention; 4. Declares admissible, by a majority, the complaint under Article 3 of the Convention concerning the applicant’s living conditions in Greece; 5. Holds, by sixteen votes to one, that there has been a violation by Greece of Article 3 of the Convention because of the applicant’s living conditions in Greece; 6. Declares admissible, unanimously, the complaint against Greece under Article 13 taken in conjunction with Article 3 of the Convention; 7. Holds, unanimously, that there has been a violation by Greece of Article 13 taken in conjunction with Article 3 of the Convention because of the deficiencies in the asylum procedure followed in the applicant’s case and the risk of his expulsion to Afghanistan without any serious examination of the merits of his asylum application and without any access to an effective remedy; 8. 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;