88
M.S.S. v. BELGIUM AND GREECE JUDGMENT
D. Default interest
424. The Court considers it appropriate that the default interest rate
should be based on the marginal lending rate of the European Central Bank,
to which should be added three percentage points.
FOR THESE REASONS, THE COURT
1. Joins to the merits, by sixteen votes to one, the preliminary objections
raised by the Greek Government and rejects them;
2. Declares admissible, unanimously, the complaint under Article 3 of the
Convention concerning the conditions of the applicant’s detention in
Greece;
3. Holds, unanimously, that there has been a violation by Greece of
Article 3 of the Convention because of the applicant’s conditions of
detention;
4. Declares admissible, by a majority, the complaint under Article 3 of the
Convention concerning the applicant’s living conditions in Greece;
5. Holds, by sixteen votes to one, that there has been a violation by Greece
of Article 3 of the Convention because of the applicant’s living
conditions in Greece;
6. Declares admissible, unanimously, the complaint against Greece under
Article 13 taken in conjunction with Article 3 of the Convention;
7. Holds, unanimously, that there has been a violation by Greece of
Article 13 taken in conjunction with Article 3 of the Convention because
of the deficiencies in the asylum procedure followed in the applicant’s
case and the risk of his expulsion to Afghanistan without any serious
examination of the merits of his asylum application and without any
access to an effective remedy;
8. Holds, unanimously, that there is no need to examine the applicant’s
complaints under Article 13 taken in conjunction with Article 2 of the
Convention;
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