The amendment, if adopted, will also create the position of Fundamental Rights Officer (FRO) to report directly to the Frontex Management Board and the Consultative Forum. 33 But the amendment does not authorize the FRO to take enforcement action if the FRO believes persistent and serious violations of fundamental rights are occurring during Frontex operations. This accountability gap would be addressed by amending the Frontex Regulation to allow the FRO to refer complaints to the European Commission for investigation and, where appropriate, infringement proceedings if, for example, the Frontex executive director has failed to suspend operations despite serious and persistent violations, or if actions by members states and their agents during Frontex operations violate the Charter. On March 8, 2011, FRA released a critical report on the emergency situation in Greece, including an assessment of Frontex’s role in this emergency (see below: Greece Criticized). Another EU agency relevant to the situation in Greece is the European Asylum Support Office (EASO), established in May 2010 to help coordinate and improve the implementation of asylum policies.34 Although EASO had not yet become operational in Greece at the time of Frontex’s RABIT deployment, Kari Wahlström, head of the Frontex Operational Office in Greece, told Human Rights Watch that EASO would complement Frontex so that a balance between enforcement and protection would be maintained.35 EASO has also indicated in its plan for 2011 that Greece will be a priority for the agency.36 On April 1, 2011, Cecila Malmström, EU Commissioner for Home Affairs, declared that EASO teams would be deployed in Greece. This would be the first deployment of agency teams since EASO was established.37 Just as Frontex has been designed not to make 33 Proposed amendment, Article 26a, of Council Regulation (EC) No 2007/2004 of October 26, 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. 34 Regulation (EU) No 439/2010 of the European Parliament and of the Council of May 19, 2010 establishing a European Asylum Support Office. The European Asylum Support Office is to strengthen practical cooperation on asylum by facilitating the exchange of information and experiences between European Union (EU) countries. 35 Human Rights Watch interview with Kari Wahlström, February 15, 2011. 36 Work Programme 2011, European Asylum Support Office, http://www.europarl.europa.eu/meetdocs/2009_2014/documents/libe/dv/easo_work_programme2011_/easo_work_progr amme2011_en.pdf (accessed September 9, 2011). 37 Commissioner Malmström said: “I am aware of the very difficult conditions in which irregular migrants and asylum seekers are being detained in the Evros region. The humanitarian situation in these places of detention is a major concern. Thirdcountry nationals held in detention for whatever reason should always be treated in a humane and dignified manner and I call upon the Greek authorities to take immediate action to remedy the situation. In this respect, I encourage Greece to make maximum use of emergency measures financed under the European Refugee Fund, to address immediate needs until Greece’s new national independent asylum agency is established. I equally welcome the cooperation of the Greek authorities with the UNHCR and its strategic involvement in the reform of the asylum system.” “Statement by Cecila Malmström, EU Commissioner for Home Affairs, on the Deployment of EU Asylum Support Teams in Greece,” European Commission Press 17 HUMAN RIGHTS WATCH | SEPTEMBER 2011

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