Readmission Agreement in case - if not abstain
from its applicability at all by denouncing it - of
readmission of certain vulnerable groups of
people.21
name, surname and nationality of the people to be
readmitted by ship. This procedure is very speedy
and excludes even the limited formalities provided
in the Readmission Agreement24 and the basic legal
safeguards against refoulement. (See: chapter 3.1.)
During 2011-2012 only two persons were readmitted
from Greece back to Italy22 and according to the
Greek Ministry of Citizen Protection and Public
Order, in total four readmissions have been In such cases the appointed by the Readmission
Agreement as the Greek responsible authority,
completed since its enactment.
Ministry of Citizen Protection and Public Order,
keeps no record of these readmissions, as no official
request is made by the Italian authorities and no
Considering the infringements and the lack of confirmation of the request by the above mentioned
safeguards as presented in this report and the Greek authorities is required. Therefore, official
current situation in Greece, the utility of such data from the Ministry of Citizens Protection and
readmissions in the internal European borders Public Order does not include statistics on this type
is to be questioned as, on a secondarily level, its of informal readmissions. Apparently this practice
unilateral applicability.
in essence legitimizes informal readmissions as
there is no official record of them by the competent
authority. The only statistics provided for are held
by the port authorities of Patras and Igoumenitsa
2.2. Informal Readmissions
(as well as Corfu and Corinth in some cases). The
persons readmitted from the Italian ports with this
procedure are returned to the above-mentioned
In the majority of the cases we interviewed, the ports of embarkation.
people are apprehended inside the ship or upon
arrival inside the Italian ports. In these cases the
immediate readmissions to Greece are executed by
the Italian border officials simply by giving custody 2.3. Lack of legal safeguards against
of the persons to the captain of the ship. The captain arbitrary removals
countersigns a basic form with the individual’s
name, nationality and sometimes date of birth,
without following even the limited formalities
provided in the Readmission Agreement.23 Allegedly Almost all of the interviewees told us that no
many times the authorities do not record even the information about the procedure followed, their
legal status, their rights, any possible legal remedy,
21
See: Pro Asyl in co-operation with GCR and Infomobile
the reason for which some of them have been
2012: Walls of Shame. Accounts from the Inside: The Detention
fingerprinted was provided to them by the Italian
Centres of Evros. p 14-20. http://www.proasyl.de/fileadmin/fmauthorities in written or oral formal. in a language
dam/q_PUBLIKATIONEN/2012/Evros-Bericht_12_04_10_BHP.pdf
22
Q.T (23) and V.S (23), are both from Afghanistan and
that they could understand. In most of the cases,
holders of international protection in Italy. They were readmitted
reportedly there was no interpreter during the
back to Italy from Greece on April 12, 2012 (Decision of Acceptance
removal procedure.
of their readmission from the Italian authorities, Protocol Number
400/C/2010/I.6/******). One of the team’s lawyer handled the
cases and flew to Italy in order to assist them upon their return
and to assess the applicability of the readmission agreement from
the Italian counterparts. These two cases make clear that apart
from the one-sided application of the Readmission Agreement, the
bureaucratic obstacles and the denial of the Italian authorities to
facilitate the return of the two Afghans to Italy - their country of
legal residence and the state officially offering protection to them the Readmission Agreement is only used as an instrument to deny
access to the territory and to prevail the respect and application of
it, rather than complying with its national, european and international obligations.
23
See: Written Submission by the Office of the United
Nations High Commissioner for Refugees in the Case of Sharifi and
others v Italy and Greece (Application No. 16643/09). http://www.
unhcr.org/4deccee39.pdf
8
No decision or any removal order was reportedly
ever given to any of them. Even in the cases of
readmissions from the southern coasts of Italy,
where people were detained for almost two weeks,
no decision or any information leaflet was handed
to them.
24
ibid, 3.3.2
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