2. RESEARCH FINDINGS 2.1. The Readmission Agreement after the approval of the readmission request by the Greek authorities (see: chapter 3.2.). Contrary to this practice, persons who are apprehended in official border points – such as the port of either The 1999 Readmission Agreement between Italy Ancona, Bari, Brindisi or Venice – are readmitted and Greece stipulates that third country nationals back to Greece in an informal way (see: chapter who have already crossed or stayed in the territory 3.1.). of one signatory State and attempt to reach the territory of the other state without meeting the requirements for regular entry, are to be readmitted by the first state “upon request of the The Readmission Agreement contains a number second State and without any formalities” (article of theoretical safeguards. Article 6 provides for its 5 of the Readmission Agreement). According non-applicability inter alia to those recognized by to the Readmission Agreement and its relevant the requesting states as refugees under the 1951 protocol the readmission takes place following the Geneva Convention or as stateless persons under acceptance of the second state. If the readmission the 1954 Convention in relation to the status of request is approved by the Greek authorities, a reply stateless persons. Article 18 foresees that the risk has to be sent without any delay and in any case, of chain-refoulement should be taken into account within 48hours from the reception of the request and that the readmission can be denied if in the (see Executive Protocol of the bilateral Readmission state of destination or in another state, to which Agreement, paragraph 1.4). The readmission must he or she could be later transferred is at risk of take place within 15 days (see paragraph 2.5 of the inhuman, degrading treatment or punishment, Executive Protocol). The responsible authorities death penalty or his life can be in danger because for the readmission procedure are the Italian local of his race, nationality, specific social group authorities of the Immigration and Border police membership, political opinion. Paragraphs 2 and 3 of the Department of the Internal Security of of article 23, contain a clause according to which the Ministry of Interior and the Greek Ministry of the provisions of the Readmission Agreement should not prejudice the application of the 1951 Citizen Protection and Public Order. Geneva Convention or other international human rights instruments binding its signatories. The Readmission Agreement excludes those third As it has been agreed between the Italian and the country nationals “to whom the Dublin Convention Greek government the airport of Athens and the of 15 June 1990 is applicable”. However, as described port of Patras are the official readmission points. In below, these safeguards remain theoretical. In practice persons readmitted under this procedure, practice they are neither applied nor taken into are usually sent to Patras. Upon arrival they are consideration. transferred to the Police Directorate of the city. Following a registration procedure where they receive a new return order, they are released.20 Even though the Readmission Agreement is bilateral and should therefore be applied by both counterparts. Our findings indicate that It seems, that the people apprehended in any the readmissions taking place are one-sided and unofficial border point (like Calabria) or in the carried out only from Italy to Greece. Considering rest of the Italian territory (if proven at least by also the bilateral Readmission Protocol between their own words that they arrived to Italy through Greece and Turkey and its actual implementation, Greece within the time limit regulated by the where in many cases those accepted upon request Readmission Agreement), are to be readmitted by the Turkish authorities are then returned 20 The deportation order issued in case of a “formal reback to Greece due to wrong registration of age, admission” procedure, upon request to the Greek government is nationality, asylum seekers, vulnerable groups. called Decision of Return of the Police Director of Achaia. To those One can argue that Greece could also apply the readmitted by giving custody to the captain, no such paper is issued. 7