M.S.S. v. BELGIUM AND GREECE JUDGMENT – SEPARATE OPINIONS 97 This risk of being expelled actually constitutes the very reason why the Court eventually finds a violation of Article 13 taken in conjunction with Article 3, namely “because of the ... risk [which the applicant] faces of being returned directly or indirectly to his country of origin without any serious examination of the merits of his asylum application and without having access to an effective remedy.” (paragraph 321) 6. Implications for the Greek Government As it stands, the judgment bases the finding of a violation solely on Article 13 of the Convention taken in conjunction with Article 3. The judgment is binding for the parties according to Article 46 of the Convention, and they are obliged to comply with it. But equally clearly, it hardly follows from the finding of a violation under Article 13 that a State is not allowed to deport the applicant to his home country. Such a finding would be overstretching the potential of a complaint under Article 13. In the light of the present judgment, the Greek authorities may now conduct proceedings concerning the applicant’s complaint (which they have assured the Court they will do – see paragraph 275). If the authorities eventually decide that the applicant may be deported to Afghanistan, he is of course free to file a further complaint before the Court with a renewed request for interim measures under Rule 39 of the Rules of Court. Here lies not the problem (other than the additional workload for the Court which this new approach implies). The problem is, rather, whether the applicant will in future at all be able to file a new complaint once the proceedings in Greece have been terminated and while he is still on Greek territory. I need not even speculate on the circumstances of this risk, for the judgment itself strongly emphasises that there is no certainty whatsoever that the applicant will de facto be able to do so while still in Greece (see the various citations in section 5 above). As far as I am concerned, the Government’s assurances in the present case may appear entirely credible. But what if in other, future cases in respect of other Governments no such assurances are given, or if they are not upheld? In sum, such dangers are the direct result of treating the complaint about refoulement not separately under Article 3, but in conjunction with Article 13 of the Convention, as in the present judgment. 7. Invoking Article 46 of the Convention Obviously, the judgment is aware of these weaknesses and worries and reacts to them by intervening with Article 46 as a form of deus ex machina and instructing the Greek Government not to deport the applicant to Afghanistan during the pending proceedings (see the last line of