18 THE DUBLIN II TRAP TRANSFERS OF ASYLUM-SEEKERS TO GREECE 4.3. LACK OF AN IMPARTIAL AND SPECIALIZED DECISION-MAKING AUTHORITY ASYLUM PROCEDURES DIRECTIVE Article 8(2) Member States shall ensure that decisions by the determining authority on applications for asylum are taken after an appropriate examination. To that end, Member States shall ensure that: (a) applications are examined and decisions are taken individually, objectively and impartially; (b) precise and up-to-date information is obtained from various sources, such as the United Nations High Commissioner for Refugees (UNHCR), as to the general situation prevailing in the countries of origin of applicants for asylum and, where necessary, in countries through which they have transited, and that such information is made available to the personnel responsible for examining applications and taking decisions; (c) the personnel examining applications and taking decisions have the knowledge with respect to relevant standards applicable in the field of asylum and refugee law. Amnesty International has concerns about the lack of independent and specialized decisionmaking personnel to conduct refugee status determinations, including for returnees to Greece under the Dublin Regulation. Under Greek law, the police are responsible for all aspects of the asylum determination procedure, including receiving applications, interviewing asylum-seekers and taking decisions on granting asylum at first instance.61 Under the system in place until July 2009, Dublin II returnees who had not applied for asylum in Greece were supposed to be interviewed by police officers at the airport, while a first instance decision on their asylum application was taken at the Police Headquarters in Petrou Ralli. The police were also represented on appeal panels taking second instance decisions on asylum claims. Under the new PD, the police continue to be tasked with receiving and deciding on asylum applications. These decisions are normally taken by police officers at the Department Director level at the Asylum Department of the Aliens Department of the Attica Police Headquarters. The police decisions are meant to take into consideration the advice provided by Advisory Refugee Committees which should include representatives of the police, the local municipality and UNHCR. As of the end of February 2010, however, UNHCR has refused to participate on such panels, citing concerns that the new procedures “do not sufficiently guarantee the efficiency and fairness of the refugee status determination procedure in Greece as required by international and European legislation”.62 Moreover, under PD 81/2009 the second instance appeal stage has been abolished, thus depriving asylum-seekers of their right to an effective remedy (see below under The right to an effective appeal). The Greek National Commission for Human Rights, a national, advisory, human rights body, has noted that “the police cannot be tasked with the prevention of illegal migration as well as asylum procedures”, and has repeatedly requested that asylum determination procedures be assigned to bodies other than the police.63 Partly similar concerns were raised by UNHCR, which reported that, in 2008, 65 officers were available to decide asylum claims at the Central Police Asylum Department in Petrou Ralli. Of these, only 11 were qualified Asylum Officers.64 Amnesty International March 2010 Index: EUR 25/001/2010