inhuman and degrading conditions in detention before it co-operates with Greece in activities that are intricately linked to the task of detaining migrants. In this regard, Human Rights Watch welcomes the decision to deploy European Asylum Support Officers (EASOs) to Greece to assist the Greek authorities in establishing a working asylum system and that EASO has made Greece a priority for 2011. Human Rights Watch also welcomes amendments that are expected to establish a Fundamental Rights Officer (FRO) within Frontex and a Consultative Forum to assist the agency in fundamental rights matters— though we have reservations about proposed amendments to the Frontex Regulation that would expand and operationalize its mandate. These measures alone, however, are not sufficient. In order to comply with human rights obligations not to expose migrants to the inhuman and degrading conditions in the Evros region, Frontex should immediately make its engagement in border enforcement operations in Greece contingent on the placement of apprehended migrants in facilities with decent conditions, which could be achieved in the short term by transferring irregular migrant detainees to other areas of Greece where detention standards are acceptable, such as on Samos Island, or making detention spaces available in other places in the EU where conditions meet international and EU standards. Furthermore, all states that participate in Frontex and contribute border guards and material support also bear responsibility and incur liability for human rights violations by virtue of their involvement in Frontex activities. All participating states are bound by the European Convention on Human Rights (ECHR), and participating EU member states are also bound by the EU Charter on Fundamental Rights. Each participating state should carefully review its co-operation under the auspices of Frontex with a view to assessing the risk that such co-operation facilitates the violation of fundamental rights While the primary focus of this report is on Frontex and its responsibility not to be complicit in human rights violations, it is not meant to absolve the Greek authorities from their responsibilities. Since 2008, Human Rights Watch has published three reports documenting Greek violations of the rights of refugees, asylum seekers, and migrants. Several other organizations have published similar reports. Greece’s well documented failure not only to provide decent conditions of detention for migrants but also asylum for refugees has been acknowledged by the Greek government, which should take immediate steps to improve detention conditions and implement the recently announced reforms of its asylum system. THE EU’S DIRTY HANDS 4

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