»The truth may be bitter, but it must be told« in the hot summer months and against the damp and cold in winter months. ■ Detention camps are overcrowded. This factor renders the already inhumane living conditions even more unbearable. Detention of persons under these conditions constitutes inhumane and degrading treatment in breach of fundamental human rights (art.3 ECHR, art.7 and 10 (1) ICCPR, art. 9 of the 1948 UNGA Universal Declaration of Human Rights). We make the following demands: ■ The protection of human rights in Greece: Human rights, as embodied in international human rights instruments, as well as in European and national legislation, must be respected. These include the guarantee that no-one is returned to persecution (principle of non-refoulement), the right to life, the protection from torture, the prohibition of arbitrary detention, the right to a fair procedure and fair hearing, and respect for the best interest of the child. ■ Full respect of the principle of non-refoulement: The European Union must ensure that the EU-member state Greece fully respects the principle of non-refoulement. All acts of refoulement and deportation to Turkey have to be ended. Those seeking protection have to be given access to the Greek, i.e. EU territory. Deportation orders against refugees and persons in need of international protection must not be issued. The readmission protocol with Turkey has to be suspended. The European Commission is called upon to take legal action and to bring forward infringement proceedings against Greece for breach of the EC treaty, as officials of the Greek coast guard and Border police act in violation of the non-refoulement prohibition of the Geneva Convention and ECHR by returning people at the border. The European Convention on Human Rights and the Geneva Convention form part of acquis communitaire and have to be respected in particular in the application of EU Directives.1 ■ Investigation of allegations of torture and ill-treatment: With due respect to the victims, the Greek Government is called upon to carry out an effective and full investigation of the allegations of ill treatment and torture by the Greek coast guards. The Committee against Torture of the Council of Europe and the Human Rights Commissioner of the Council of Europe are urged to take steps to address those matters. 8 Summary, conclusions and demands ■ An end to the systematic detention on arrival: The practice of systematically detaining persons perceived as »illegal immigrants« on arrival in Greece constitutes arbitrary detention in violation of article 5 ECHR. ■ Access to a fair determination procedure: Greece has to guarantee a fair hearing and procedure for all persons entering Greece. ■ Recognition of an entitlement to protection: The Greek authorities have to identify and recognise persons who are entitled to international protection as refugees or on other grounds. These persons are entitled to benefit from all rights guaranteed by international, national or EU law. ■ Protection of minors: The Greek state has to take special measures for children and unaccompanied minors. Minors should not be detained, but are entitled to special protection. This involves the creation of an adequate reception system based on the best interest of the child, a system which is not currently in existence in Greece. ■ Introduction of an adequate system for the reception of refugees: This must encompass independent advice centres and adequate accommodation which does not constitute detention. On 19 April 2007, the European Court of Justice found Greece to be in breach of the EU Reception Directive (Case C-72/06). Effective (financial) sanctions have to follow if the judgment is not complied with. ■ No removal of asylum seekers to Greece: Germany and other EU member states must not, until further notice, remove refugees to Greece in the context of the European Dublin II-Regulation, which settles the responsibility for the determination of claims. ■ Europe needs another mechanism for taking responsibility for refugees: The technocratic rules of the Dublin II Regulations do not only treat refugees in an inhumane manner, they are also inequitable in relation to member states at the outer borders of the EU, such as Greece. Instead of forcibly sending asylum seekers back and forth across Europe, any ensuing inequities among member states should be dealt with financially. The state in which asylum seekers apply for asylum should be responsible for determining the claim. Where asylum seekers wish to apply for asylum in another member state, for humanitarian, family, linguistic or cultural reasons, that member state should assess their claim. 1 On the obligation to respect basic and human rights in the implementation and adoption of EU Directives see ECJ-decision, 27 June 2006, Case C-540/03 (Decision on the Family Reunification Directive).