76 M.S.S. v. BELGIUM AND GREECE JUDGMENT 361. Having regard to that conclusion and to the circumstances of the case, the Court finds that there is no need to examine the applicant’s complaints under Article 2 of the Convention. V. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION BY BELGIUM FOR EXPOSING THE APPLICANT TO CONDITIONS OF DETENTION AND LIVING CONDITIONS CONTRARY TO ARTICLE 3 362. The applicant alleged that because of the conditions of detention and living conditions to which asylum-seekers were subjected in Greece, by returning him to that country in application of the Dublin Regulation the Belgian authorities had exposed him to treatment prohibited by Article 3 of the Convention (cited above). 363. The Government disputed that allegation, just as it refused to see a violation of Article 3 because of the applicant’s expulsion and the ensuing risk resulting from the deficiencies in the asylum procedure. 364. The Court considers that the applicant’s allegations under the above-cited provision of the Convention raise complex issues of law and fact which cannot be determined without an examination of the merits; it follows that this part of the application is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. Nor is it inadmissible on any other grounds. It must therefore be declared admissible. 365. On the merits, the Court reiterates that according to its wellestablished case-law the expulsion of an asylum-seeker by a Contracting State may give rise to an issue under Article 3, and hence engage the responsibility of that State under the Convention, where substantial grounds have been shown for believing that the person concerned faces a real risk of being subjected to torture or inhuman or degrading treatment or punishment in the receiving country. In such circumstances, Article 3 implies an obligation not to expel the individual to that country (see Soering v. the United Kingdom, 7 July 1989, §§ 90-91, Series A no. 161; Vilvarajah and Others v. the United Kingdom, 30 October 1991, § 103, Series A no. 125; H.L.R. v. France, 29 April 1997, § 34, Reports 1997-III; Jabari, cited above, § 38; Salah Sheekh v. the Netherlands, no. 1948/04, § 135, 11 January 2007; and Saadi, cited above, § 152). 366. In the instant case, the Court has already found the applicant’s conditions of detention and living conditions in Greece degrading (see paragraphs 233, 234, 263 and 264 above). It notes that these facts were well known before the transfer of the applicant and were freely ascertainable from a wide number of sources (see paragraphs 162-64 above). It also wishes to emphasise that it cannot be held against the applicant that he did not inform the Belgian administrative authorities of the reasons why he did not wish to be transferred to Greece. It has established that the procedure