- 59 135. Foreign nationals could receive visits at Amydgaleza, Moria and Pyli Pre-removal Centre.
While a special visiting room with a Plexiglas separation was available at Amygdaleza and
detainees could receive food and goods, detained persons had to stand and communicate through
the fence at Moria and Pyli. Although visits were allowed at both centres in Fylakio, detainees were
not able to make use of this possibility, given their situation and the remote location of the centres.
The CPT recommends that the Greek authorities ensure that detained persons are able
to receive visits in dedicated visiting rooms in all pre-removal centres and RICs, which should
enable them to meet openly with family and friends visiting them.
8.
Push-back operations
136. At the time of the April 2018 visit, foreign nationals could still be readmitted to Turkey
based on the bilateral Greek-Turkish Readmission Protocol, which was ratified in 2002.89 However,
the Protocol was no longer operating effectively, and has since been suspended by the Turkish
government. Further, pending the effective implementation by Turkey of the third country national
clause, the European Union-Turkey Readmission Agreement, which entered into force on
1 October 2014, only allows for the readmission to Turkey of Turkish nationals.90 Consequently,
the only operational legal basis for returning foreign nationals to Turkey is the European UnionTurkey Statement of 18 March 2016, which is limited to all new arrivals on the Aegean islands
from Turkey by boat after that date and which does not apply to foreign nationals crossing the
Evros border from Turkey to Greece.91
Greek legislation also provides for the possibility of expelling, within 48 hours, irregular
migrants who are apprehended or intercepted in connection with the irregular border crossing by
land, sea or air based on an individual expulsion decision by the competent police authorities.92
Further, foreign nationals irregularly staying on the Greek territory may be returned, under certain
conditions, based on an individual return decision by the competent police authorities, after a period
for voluntary departure.93 In both cases, the foreign nationals concerned may, under certain
conditions and based on an individual detention order, be temporarily deprived of their liberty.94
They may lodge a quasi-judicial appeal with the competent administrative review bodies against the
expulsion and return decisions within five days, as a consequence of which the decision to enforce
the expulsion or return can be temporarily suspended.95
However, there is no legal basis for returning irregular migrants to Turkey prior to their
identification and registration.
89
90
91
92
93
94
95
See Law 3030/2002. Respectively 1,183 (2016), 21 (2017) and five (2018) foreign nationals have been
readmitted to Turkey based on the bilateral Readmission Protocol. See Ministry of Citizens’ Protection,
Επιστροφή επτά παράτυπων μεταναστών στην Τουρκία [Return of seven irregular migrants to Turkey],
12 April 2018.
Between 1 January 2016 and 12 April 2018, 89 Turkish nationals have been readmitted to Turkey according to
the European Union-Turkey Readmission Agreement. See idem.
As of 12 April 2018, a total of 1,590 foreign nationals (including 801 in 2016, 683 in 2017 and 106 in 2018)
have been returned to Turkey based on the European Union-Turkey Statement. See idem.
See Section 76 (1) and (2) of Law 3386/2005.
See Sections 21 (1) and 23 of Law 3907/2011.
See Section 76 (3) of Law 3386/2005 and Section 30 of Law 3907/2011.
See Section 77 of Law 3386/2005 and Section 28 of Law 3907/2011.
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