B. Infrastructure - Facilities - Living conditions In a state governed by the rule of law, the stay of refugees and migrants needs to be under conditions of respect of the human rights of this population. Even those who are simply passing through the country, whose status is not regulated, are still constitutionally covered with the complete protection of their life, honour and freedom (Article 5(2) of the Constitution) whereas respect and protection of the value of the human being constitute the primary obligations of the State (Article 2 (1) of the Constitution). This Chapter examines the issues of housing, food and health, as the most important social services closely linked with the protection of life and human dignity. 1. Difficulties in meeting housing needs Adequate housing conditions in safe spaces with suitable infrastructures were still an issue until the end of 2016 for most sites accommodating large numbers of refugees and migrants, across the Greek territory. This finding pertains, with great deviations however regarding the intensity of the problem between the various sites, to both temporary accommodation facilities on the mainland, and the hotspots on the islands of the Eastern Aegean. 1.1. Housing conditions in sites accommodating large numbers of refugees and migrants The State up to now has failed in its obligation to ensure a decent level of living conditions for all asylum seekers, as such arises from both the European127 and the domestic law.128 The particularly adverse conditions prevailing in group refugee and migrant accommodation centers feed into the allegations on violation of their human rights, and in certain cases, even on their inhuman and degrading treatment. According to information of the Central Coordinating Body for Migration of the General Secretariat for Information,129 on 3.1.2017 there were around 22,000 people living in 127 Directive 2013/33/EC, Articles 17, 18, 28 and 31. 128 Law 4375/2016, Articles 1, 8 and 10, and PD 220/2007, Articles 12 and 13. 129 These data deviate from those published by UNHCR and other agencies. With regard to this issue, see Chapter A1. the approximately 40 temporary accommodation sites on the mainland and approximately 15,000 people in the 5 hotspots of the islands.130 Considering that this is a small number of people, compared to the hundreds of thousands that crossed through Greece without the legal formalities in the past two years, which in fact remained steady the last months of 2016, the inability of the machinery of the state to handle it, is of particular concern. The lack of any central planning and coordination of the involved agencies and services, as well as the laxity in implementing the relevant provisions for addressing the situation, in combination with the failure to promptly and appropriately utilise European and domestic resources, are among the key reasons why the problem is created and persists. The data collected by the Ombudsman come from on-site inspections and visits of its experts over the past two years, from the competent state services, from reports of national and international organisations, the Council of Europe and from the media. Critical problems are accommodation in tents or other inappropriate structures for long periods of time, the inadequate sanitary conditions and the lack of the appropriate infrastructure for meeting daily needs. Below follows an attempt of a summary and, to the extent possible, comprehensive record of the main problems found in the mass accommodation facilities for refugees and migrants in Greece,131 with the note that there are positive exceptions of accommodation facilities that are operating in a satisfactory manner and meet the standards of decent living conditions.132 At this point, it should be noted that the situation prevailing in each accommodation site has proven particularly fluid, in the sense that it keeps changing due to various factors. This change is frequently positive and pertains to the improvement of the housing conditions with the replacement of the makeshift structures by containers or other more appropriate structures for meeting the shortages in basic amenities,133 even the evacuation of particularly inappropriate sites and the housing of those living there in 130 According to the same source, approximately 18,500 people (mainly vulnerable groups, for relocation and family reunification) are living in apartments or hotels on mainland Greece and the islands through the housing programme of the UNHCR in cooperation with the Municipalities and NGOs. As a rule, the conditions in this housing category are satisfactory. 131 This pertains to the last months of 2016 and January of 2017. 132 Elaionas in Attica, Thermopyles, Kara Tepe in Lesvos, etc. 133 e.g. Malakasa, Ritsona in Viotia, Lagkadikia. 41

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