84 M.S.S. v. BELGIUM AND GREECE JUDGMENT prospect of his situation improving (see paragraph 263 above). It has also found a violation of Article 13 taken in conjunction with Article 3 of the Convention because of the shortcomings in the asylum procedure as applied to the applicant and the risk of refoulement to Afghanistan without any serious examination of his asylum application and without his having had access to an effective remedy (see paragraph 322 above). 402. Having regard to the particular circumstances of the case and the urgent need to put a stop to these violations of Articles 13 and 3 of the Convention, the Court considers it incumbent on Greece, without delay, to proceed with an examination of the merits of the applicant’s asylum request that meets the requirements of the Convention and, pending the outcome of that examination, to refrain from deporting the applicant. B. Article 41 of the Convention 403. Article 41 of the Convention provides: “If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.” 1. Non-pecuniary damage (a) In respect of Greece 404. The applicant claimed 1,000 euros (EUR) in compensation for the non-pecuniary damage sustained during the two periods of detention. 405. The Greek Government considered this claim ill-founded. 406. The Court has found that the applicant’s conditions of detention violated Article 3 of the Convention. It considers that the applicant must have experienced certain distress which cannot be compensated for by the Court’s findings of violations alone. 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 1,000 in respect of nonpecuniary damage. (b) In respect of Belgium 407. The applicant claimed EUR 31,825 in compensation for the nonpecuniary damage caused on the one hand by his detention in an open centre then in a closed centre in Belgium before his transfer to Greece (EUR 6,925) and on the other hand by the decision of the Belgian authorities to transfer him to Greece (EUR 24,900).