THE DUBLIN II TRAP TRANSFERS OF ASYLUM-SEEKERS TO GREECE 9 3. BACKGROUND INFORMATION 3.1. THE DUBLIN II SYSTEM …at the level of implementation, it has become evident that asylum applications are assessed differently in similar situations. Dutch State Secretary for Justice Nebahat Albayrak 17 Since 1999 the European Union has been working to create a Common European Asylum System (CEAS) with common asylum procedures and uniform status for refugees throughout the EU. The first phase of the system was completed in 2005 with the adoption of a set of four main legal instruments: the Dublin Regulation, the Reception Conditions Directive,18 the Qualification Directive19 and the Asylum Procedures Directive.20 These directives provide minimum standards for the treatment of asylum claims in the EU but in practice have not yet been fully implemented by all member states.21 The second phase is now underway, including recast proposals to amend the above instruments, with the stated intention of completing the CEAS by 2012. The Dublin Regulation is premised on the assumption that there are equivalent standards of protection in all EU member states. However, practices and refugee recognition rates differ widely between the member states resulting in what amounts to a lottery for asylum-seekers arriving in the EU. This fundamentally calls into question the fairness of the Dublin II system. 3.2. RECENT REPORTS AND ACTIONS ON GREECE Over recent years many organizations have reported on the deplorable treatment of asylumseekers in Greece. In its 2005 report, Out of the Spotlight: The rights of foreigners and minorities are still a grey area,22 Amnesty International highlighted the failure of the Greek government to comply with human rights law and standards regarding access to asylum procedures, the detention of migrants and their protection from discrimination and illtreatment. Since 2008, a succession of further reports have been provided by, among others, UNHCR,23 the Council of Europe,24 Pro Asyl,25 and Human Rights Watch.26 Key concerns identified included: a lack of procedural safeguards and access to the asylum procedure; arbitrary detention often in inadequate detention conditions; a lack of proper reception conditions; and the low recognition rate of refugees and those in need of other forms of protection. Further impediments to those seeking asylum, such as the effective removal of a substantive appeal right, have arisen from the adoption of PD 81/2009. The Pro Asyl, Human Rights Watch and UNHCR reports also refer to cases in which Greek coastguards have forced asylum-seekers back to Turkey or conducted unlawful expulsions at the border. On 31 March 2008 the European Commission initiated an infringement procedure against Greece before the European Court of Justice (ECJ). According to the Commission, Greece failed to adopt the laws, regulations and administrative measures necessary “to ensure, in every case, examination of the merits on applications for asylum of third-country national who … are transferred to Greece”,27 as provided for in the Dublin Regulation.28 On 22 October Index: EUR 25/001/2010 Amnesty International March 2010