4 1. Introduction The situation for migrants and asylum seekers in Greece was brought into the spotlight in the period 2008-2010 when the country appeared unable and unprepared to respond to the needs of the increasing number of people arriving. While Greece had become one of the main entry points to the EU in that period, the country was and continues to be repeatedly condemned by the European Court of Human Rights (ECtHR) for failing to respect migrants’ and asylum seekers’ fundamental rights.1 In the landmark judgment of M.S.S v. Belgium and Greece, the Court held that, because of the deficiencies in the asylum procedure, the lack of reception conditions and the detention conditions in Greece, the transfer of asylum seekers by other EU Member States under the Dublin Regulation to Greece amounted to inhuman and degrading treatment.2 Currently all transfers under the Dublin Regulation to Greece remain suspended and recently UNHCR renewed its call to Member States to continue to refrain from returning asylum seekers to Greece.3 The European Union started to invest significant financial resources in building the Greek asylum system through the launch of the Greek Action Plan on Asylum and Migration Management (hereinafter Greek Action Plan), adopted in August 2010 and many efforts have been made to effect change in Greece. This includes emergency support provided by EASO within the context of the EASO-Greece Operating Plans Phases I and II signed in April 2011 and March 2013, which focused on a number of prioritised areas, such as training of the new services, the improvement of reception of asylum seekers and the management of EU funds related to asylum and reception.4 From the establishment of EASO and until 2014, support of the implementation of the Greek Action Plan was a priority in EASO’s annual work programme.5 Moreover, financial support to the Greek asylum system was also provided by the Norwegian government as part of the European Economic Area Agreement grants in the area of asylum and migration.6 However, as is also illustrated through this report, progress is slow and there is still a long road ahead before full compliance with Greece’s obligations under EU asylum law and international human rights law will be guaranteed. The reform of the Greek asylum and migration management system included the establishment of a new specialised body in charge of processing asylum applications, the Asylum Service; a new Appeals authority; as well as a body responsible for first “reception” of third country nationals intercepted crossing the border irregularly, the First Reception Service. This report focuses both on the operation of the First Reception Centre, managed by the First Reception Service, that was established in March 2013 in Fylakio near the town of Orestiada in the Evros region, at the land border with Turkey, and also on the functioning of the Regional Asylum Offices in Southern Evros (Alexandroupolis) and Northern Evros (Fylakio). Under the Greek Action Plan First Reception Centres have a key role in ensuring access to international protection as they should guarantee the swift identification of those who want to apply for international protection and referral to the asylum authorities and adequate reception conditions, taking into account their specific vulnerability. Another First Reception Centre is being constructed on the island of Lesvos and is expected to become operational in the beginning of 2015,7 while two First Reception Mobile Units are operating on the islands of Lesvos and Samos.8 This report presents the main findings of a visit to the Evros region carried out between 1 and 5 December 2014 by ECRE. During this visit, the ECRE delegation conducted over 15 interviews with the authorities and other stakeholders and visited the premises of the First Reception Centre and the Detention Centre in Fylakio, where interviews were also conducted with asylum seekers and migrants. Interviews were conducted with the following individuals and institutions: the Director of the Asylum Service, the Regional Asylum Office Southern Evros, the Regional Asylum Office Northern Evros, the Director of the First Reception Service, the Director of the Fylakio First Reception Centre, UNHCR Athens, UNHCR staff in Alexandroupolis and in Orestiada, ARSIS Alexandroupolis, the Greek Council for Refugees, as well as 1 2 3 4 5 6 7 8 See for example ECtHR, Rahimi v. Greece, Application No 8687/08, Judgment of 5 April 2011; R.U. v. Greece Application no. 2237/08, Judgment of 7 June 2011; Ahmade v. Greece, Application no. 5520/09, Judgment of 25 September 2012; Barjamaj v. Greece, Application no. 36657/11, Judgment of 2 May 2013; A.F. v. Greece, Application no. 53709/11, Judgment of 13 June 2013; C.D. and others v. Greece, Application no. 33441/10, 33468/10 and 33476/10, Judgment of 19 December 2013; B.M. v. Greece, Application no. 53608/11, Judgment of 19 December 2013; Herman and Serazadishvili v. Greece Application no. 26418/11 and 45884/11, Judgment of 24 April 2014; de los Santos and de la Cruz v. Greece, Application nos 2134/12 and 2161/12), Judgment of 26 juin 2014; A.E. v. Greece, Application no. 46673/10, Judgment of 27 November 2014; AL.K.v. Greece, Application no. 635421/11, Judgment of 11 December 2014; Mohamad v. Greece, Application no. 70586/11, Judgment of 11 December 2014. ECtHR, M.S.S. v Belgium and Greece, Application no. 30696/09, Judgment of 21 January 2011. UNHCR, Greece as a Country of Asylum. UNHCR Observations on the Current Situation of Asylum in Greece (hereinafter ‘Greece as a Country of Asylum’), December 2014. For an overview of the key priorities in the EASO-Greece Operating Plans and the interim assessment of their implementation, See EASO, EASO Operating Plan for Greece - Interim Assessment of Implementation, Valletta Harbour, 28 July 2014. This is no longer marked as a key priority in the EASO Annual Work Programme 2015. See EEA Grants Norway Grants, Asylum and Migration, Greece (June 2013). It should be noted that the establishment of a third First Reception Centre with a capacity of 120 places is foreseen under the Greek Action Plan in the region of Attiki. See Council of the European Union, Greek Action Plan on Asylum and Migration Management. Executive Summary. Progress Report January – May 2013, 10327/13, Brussels, 3 June 2013, p. 3. SWD(2014) 316 final, Commission Staff Working Document on the Assessment of the implementation of the Greek Action Plan on Asylum and Migration Management (hereinafter ‘Assessment Implementation Greek Action Plan’, Brussels, 6 October 2014, p. 6.