M.S.S. v. BELGIUM AND GREECE JUDGMENT 75 the instant case, moreover, the letters sent by the Court clearly show that, fully aware of the situation in Greece, it asked the Greek Government to follow the applicant’s case closely and to keep it informed (see paragraphs 32 and 38-39 above). 356. The respondent Government, supported by the third-party intervening Governments, lastly submitted that asylum-seekers should lodge applications with the Court only against Greece, after having exhausted the domestic remedies in that country, if necessary requesting interim measures. 357. While considering that this is in principle the most normal course of action under the Convention system, the Court deems that its analysis of the obstacles facing asylum-seekers in Greece clearly shows that applications lodged there at this point in time are illusory. The Court notes that the applicant is represented before it by the lawyer who defended him in Belgium. Considering the number of asylum applications pending in Greece, no conclusions can be drawn from the fact that some asylumseekers have brought cases before the Court against Greece. In this connection, it also takes into account the very small number of Rule 39 requests for interim measures against Greece lodged by asylum-seekers in that country, compared with the number lodged by asylum-seekers in the other States. 358. In the light of the foregoing, the Court considers that at the time of the applicant’s expulsion the Belgian authorities knew or ought to have known that he had no guarantee that his asylum application would be seriously examined by the Greek authorities. They also had the means of refusing to transfer him. 359. The Government argued that the applicant had not sufficiently individualised, before the Belgian authorities, the risk of having no access to the asylum procedure and being sent back by the Greek authorities. The Court considers, however, that it was in fact up to the Belgian authorities, faced with the situation described above, not merely to assume that the applicant would be treated in conformity with the Convention standards but, on the contrary, to first verify how the Greek authorities applied their legislation on asylum in practice. Had they done this, they would have seen that the risks the applicant faced were real and individual enough to fall within the scope of Article 3. The fact that a large number of asylumseekers in Greece find themselves in the same situation as the applicant does not make the risk concerned any less individual where it is sufficiently real and probable (see, mutatis mutandis, Saadi, cited above, § 132). (c) Conclusion 360. Having regard to the above considerations, the Court finds that the applicant’s transfer by Belgium to Greece gave rise to a violation of Article 3 of the Convention.

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