M.S.S. v. BELGIUM AND GREECE JUDGMENT 27 effective processing of the asylum application by the Greek authorities. Since March 2009, however, the Aliens Office no longer seeks such guarantees and takes its decisions based on tacit agreements. The Aliens Appeals Board no longer questions this approach, considering that Greece has transposed the Qualification and Procedures Directives. 144. In assessing the reasoning for the order to leave the country, the Aliens Appeals Board takes into consideration first and foremost the facts revealed to the Aliens Office during the “Dublin” interview and recorded in the administrative file. Should evidence be adduced subsequently, including documents of a general nature, in a letter to the Aliens Office during the “Dublin” examination process or in an appeal against the order to leave the country, it is not systematically taken into account by the Aliens Appeals Board, on the grounds that it was not adduced in good time or that, because it was not mentioned in the asylum applicant’s statements to the Aliens Office, it is not credible (see, for example, judgment no. 41.351 of 1 April 2010 and judgment no. 41.482 of 9 April 2010). 145. In cases where the Aliens Appeals Board has taken into account international reports submitted by “Dublin” asylum applicants confirming the risk of a violation of Article 3 of the Convention because of the deficiencies in the asylum procedure and the conditions of detention and reception in Greece, its case-law is divided as to the conclusions to be drawn. 146. Certain divisions have largely been inclined to take the general situation in Greece into account. For example, in judgments nos. 12.004 and 12.005 of 29 May 2008, the Board considered that the Aliens Office should have considered the allegations of ill-treatment in Greece: “The applicant party informed the other party in good time that his removal to Greece would, in his opinion, amount to a violation of Article 3 of the Convention, in particular because of the inhuman and degrading treatment he alleged that he had suffered and would no doubt suffer again there. ... The Board notes that in arguing that he faced the risk, in the event that he was sent back to Greece, of being exposed to inhuman and degrading treatment contrary to Article 3 of the Convention, and in basing his arguments on reliable documentary sources which he communicated to the other party, the applicant formulated an explicit and detailed objection concerning an important dimension of his removal to Greece. The other party should therefore have replied to that objection in its decision in order to fulfil its obligations with regard to reasoning.” 147. In the same vein, in judgment no. 25.962 of 10 April 2009, the Aliens Appeals Board stayed the execution of a transfer to Greece in the following terms: “The Board considers that the terms of the report of 4 February 2009 of the Commissioner for Human Rights of the Council of Europe ... and the photos illustrating the information contained in it concerning the conditions of detention of asylum-seekers are particularly significant. ... While it post-dates the judgments of the Board and of the European Court of Human Rights cited in the decision taken, the content of this report is clear enough to establish that despite its recent efforts to

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