INTRODUCTION with observations for the administration. In 2017, the Ombudsman’s team visited the seven (until recently) pre-removal detention centres and involved monitors in 40 forced return operations by land, air or sea. Simultaneously, the Ombudsman intervened on the basis of complaints in order to clarify various questions of legality in the return procedure of the complainants and to cross- reference facts on the ground, and during the pre-removal monitoring of the return operations for return and readmission. Following the entry into force of Regulation 2016/ 1624 of the European Union, in 2017, as the national mechanism for the protection of rights, the Greek Ombudsman’s Office was called upon, to co-operate with the newly-introduced European Complaint System of FRONTEX. It is characteristic of the citizens’ trust towards the national mechanism, that in all three cases where the European Complaint System resorted to the Ombudsman for collaboration, in accordance with Regulation 2016/1624, article 72.4, the respective referrals had been submitted in parallel to the Independent Authority A major development has been the acceptance from the Headquarters of the Greek Police of the proposal by the Independent Authority for exception from actions of forced removal when pleas for preliminary injunction are submitted; that is, temporary judicial protection is truly awarded, in due consideration and respect of ongoing judicial procedures and of the fundamental constitutional right to judicial protection. The special significance of the national system of external control is based upon three basic acknowledgements: ⇢ Illegal migration can be dealt with in accordance with the law, with limitations on freedom arising through administrative measures, but without prejudicing human dignity. Irregular migrants are bearers of fundamental rights according to the constitution, and to international and European legal rules. ⇢ In a state that abides to the rule of law, it is not sufficient to only acknowledge that rights form an integral part of legality; legal rules and principles must also be put into practice. ⇢ The Ombudsman constitutes a basic institutional guarantee of fundamental rights as well as of the implementation of the rules and legal principles in practice, on the basis of the Return Directive. According to the preamble of the Return Directive of 2008, “a well-managed migration policy” is still at stake for Europe. In the last section of the present Special Report, the Ombudsman also comments on the European guidelines, that assimilate a handbook for the return of third country nationals, which were reviewed by the European Commission during 2017. This document might not have a regulatory power, it does, however offer the 9

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