M.S.S. v. BELGIUM AND GREECE JUDGMENT 73 345. The Court must therefore now consider whether the Belgian authorities should have regarded as rebutted the presumption that the Greek authorities would respect their international obligations in asylum matters, in spite of the K.R.S. v. the United Kingdom case-law, which the Government claimed the administrative and judicial authorities had wanted to follow in the instant case. 346. The Court disagrees with the Belgian Government’s argument that, because he failed to voice them at his interview, the Aliens Office had not been aware of the applicant’s fears in the event of his transfer back to Greece at the time when it issued the order for him to leave the country. 347. The Court observes first of all that numerous reports and materials have been added to the information available to it when it adopted its decision in K.R.S. v. the United Kingdom in 2008. These reports and materials, based on field surveys, all agree as to the practical difficulties involved in the application of the Dublin system in Greece, the deficiencies of the asylum procedure and the practice of direct or indirect refoulement on an individual or a collective basis. 348. The authors of these documents are the UNHCR and the Council of Europe Commissioner for Human Rights, international non-governmental organisations like Amnesty International, Human Rights Watch, Pro Asyl and the European Council on Refugees and Exiles, and non-governmental organisations present in Greece such as GHM and the Greek National Commission for Human Rights (see paragraph 160 above). The Court observes that such documents have been published at regular intervals since 2006 and with greater frequency in 2008 and 2009, and that most of them had already been published when the expulsion order against the applicant was issued. 349. The Court also attaches critical importance to the letter sent by the UNHCR in April 2009 to the Belgian Minister for Migration and Asylum Policy. The letter, which states that a copy was also being sent to the Aliens Office, contained an unequivocal plea for the suspension of transfers to Greece (see paragraphs 194 and 195 above). 350. Added to this is the fact that since December 2008 the European asylum system itself has entered a reform phase and that, in the light of the lessons learnt from the application of the texts adopted during the first phase, the European Commission has made proposals aimed at substantially strengthening the protection of the fundamental rights of asylum-seekers and implementing a temporary suspension of transfers under the Dublin Regulation to avoid asylum-seekers being sent back to member States unable to offer them a sufficient level of protection of their fundamental rights (see paragraphs 77-79 above). 351. Furthermore, the Court notes that the procedure followed by the Aliens Office in application of the Dublin Regulation left no possibility for the applicant to state the reasons militating against his transfer to Greece.

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