108 M.S.S. v. BELGIUM AND GREECE JUDGMENT – SEPARATE OPINIONS irrespective of the present risk of refoulement. For this reason the measure required by Judge Villiger should apply. IV. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION BY BELGIUM FOR EXPOSING THE APPLICANT TO CONDITIONS OF DETENTION AND LIVING CONDITIONS CONTRARY TO ARTICLE 3 For the Court, the expulsion of an asylum-seeker by a Contracting State may give rise to an issue under Article 3, and hence engage the responsibility of that State under the Convention, where substantial grounds have been shown for believing that the person concerned faces a real risk of being subjected to torture or inhuman or degrading treatment or punishment in the receiving country. I agree that Belgium had enough information to foresee that the Greek asylum procedure did not offer sufficient safeguards against the humiliation inherent in this inefficient procedure, which was the basis for the finding of a violation of Article 3 in that regard (paragraph 360 of the judgment). (Here again, I find the living-conditions-based considerations irrelevant.) I could not come to the same conclusion regarding the applicant’s detention. It was not foreseeable that the applicant would be detained, or for how long. The detention of transferred asylum-seekers is not mandatory and there is no evidence in the file that such a practice is followed systematically. Even if one could not rule out that at the beginning of the asylum process, in the event of illegal entry, some restriction of liberty might occur, the Belgian State could not have foreseen that the applicant would not be placed in a section of the Athens International Airport detention centre that might have been considered satisfactory, at least for a short stay, and was designed to handle people in a situation comparable to that of the applicant. The Belgian State could certainly not have foreseen that the applicant would attempt to leave Greece illegally, for which he was again detained in one of the sections of the Athens International Airport detention centre and sentenced to two months’ imprisonment. It is for this same reason that I found the sum that Belgium was ordered to pay in respect of non-pecuniary damage excessive. V. ALLEGED VIOLATION BY BELGIUM OF ARTICLE 13 TAKEN IN CONJUNCTION WITH ARTICLES 2 AND 3 OF THE CONVENTION BECAUSE OF THE LACK OF AN EFFECTIVE REMEDY AGAINST THE EXPULSION ORDER The applicant was ordered to leave Belgium and detained on 19 May 2009, and on 27 May 2009 the departure date was set for 29 May. There was enough time to organise adequate representation (the lawyer made an