M.S.S. v. BELGIUM AND GREECE JUDGMENT – SEPARATE OPINIONS 117 by the Court in 68 cases of the return of Afghan nationals to Greece from Austria, Belgium, Denmark, France, the Netherlands, Sweden and the United Kingdom. I find it quite impossible in these circumstances to accept that Belgium and other member States should have known better at that time or that they were not justified in placing the same reliance on the Court’s decision in K.R.S. v. the United Kingdom as the Court itself. 15. For these reasons, I am unable to agree with the majority of the Grand Chamber that, by returning the applicant to Greece in June 2009, Belgium was in violation of Article 3 of the Convention, either on the ground of his exposure to the risk of refoulement arising from deficiencies in the asylum procedures in Greece, or on the ground of the conditions of detention or the living conditions of asylum-seekers in that country. 16. Notwithstanding this view, the present case has thrown up a series of deficiencies in Belgium’s own system of remedies in respect of expulsion orders which are arguably claimed to violate an applicant’s rights under Articles 2 or 3 of the Convention. These deficiencies are, in my view, sufficiently serious to amount to a violation of Article 13 and, in this regard, I share the conclusion and reasoning in the Court’s judgment. While this finding alone would justify an award of just satisfaction against Belgium, it would not in my view justify an award of the full sum claimed by the applicant, hence my vote against the award which is made against Belgium in the judgment.

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