provide detainees in Greece at least with some hope that they will be released. However,
since Greece usually does not carry out expulsions but rather releases migrants with a
white paper notifying them to self deport, in practice migrants are rearrested and
subjected to multiple detentions. In the aggregate, this means they are held longer than
these time limits.
While Human Rights Watch, therefore, does not regard inhuman and degrading
treatment as systemic in Greece, it is also not uncommon. The risk of such treatment is
particularly real at the airport where Dublin II returnees first arrive and in police stations
in the border region where migrants from Turkey are often first apprehended and
detained.
Therefore, and in consideration of their own non-refoulement obligations, EU member
and EU neighboring states that participate in the Dublin system should exercise the
sovereignty clause of Dublin II and suspend transfers of asylum seekers to Greece. They
should choose to resume such transfers only when Greece shows that it has met EU
standards for conditions of detention, police conduct, access to asylum and other forms
of protection, and the fair exercise of asylum procedures, and when Greece stops its
practice of forcibly returning non-nationals who would thereby face persecution, torture,
or inhuman and degrading treatment in Turkey or their countries of origin.214
214
This is suggested by at least 33 “interim measures” ordered by the European Court of Human Rights, as of September
2008, to prevent specific EU states (mostly the U.K. and Finland) from returning individual asylum seekers (mostly Iraqis) to
Greece under the Dublin II regulation pending a full determination of the real risk of inhuman and degrading
treatment. Although not an absolute finding, the Court is convinced that there remains enough of a risk of inhuman and
degrading treatment to halt return to Greece at this preliminary stage.
85
Human Rights Watch November 2008
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