The geographical distribution of this population changed after the closing of the informal crossing of Eidomeni - Gevgelija at the borders between Greece and FYROM in February
2016, resulting in a significant number of third-country nationals remaining in mainland Greece in temporary accommodation sites, which were created throughout the country.
However, it appears that no special care was taken for the
operation and guarding of these spaces, in order to ensure
their unhindered operation. Also, after the EU-Turkey Statement of 18 March 2016, a large number of new arrivals remains on the islands of Lesvos, Samos, Chios, Leros and Kos.
At this point, it should of course be mentioned that the time
and conditions under which the specific facilities were created, were particularly pressing. Bearing in mind the fact
that up to the final “closing” of the Balkan route there were
very few facilities operating in the country, the argument of
“emergency” could be convincing, if it was not preceded by
the lack of any provision or far-sightedness of the state authorities in assessing the developments that were already
under way.
3.1. Developments However, even when temporary accommodation sites were created
in the legislative
across the country, the competent
framework
agencies appear to have attributed
the lack of measures for the security and protection of their
residents to the lack of a clear legislative framework. According to the Ombudsman’s assessment however, the problem
was not the lack of a legislative framework, but its ineffective
implementation and, in particular, the lack of any organisation and operation. Already before 2015, the competent first
reception authority, which had been established by Law
3907/2011, had not managed to operate fully and to develop facilities across the country. Therefore, considering
the special circumstances of 2015 one realises that the inadequacy and lack of vigilance was a more complex problem.
Nevertheless, the solution of the new legislative framework
was chosen, with the enactment of Law 4375/2016. With
this law the Greek State is attempting to reform, inter alia,
the Reception and Identification Service, as well as the system for the reception of the international protection applicants and the vulnerable groups. As regards the security of
the reception and accommodation sites, there is provision in
Article 13(2)(b) of Law 4375/2016 that: “As part of his/her
duties, the Director of the Reception and Identification Center
shall cooperate with the head of the identification and national-
ity certification and external security teams, who is responsible
for the operation of the police services. He/she shall direct the
staff assigned by the European Agency for the Management of
Operational Cooperation at the External Borders of the Member States of the European Union (EU), who operate inside the
Center”. In particular, there is provision (Article 16(1)) that:
“Responsible for the security of the facilities of the Regional
Services of the Reception and Identification Service is the Hellenic Police. The security of the open Facilities for Temporary
Reception and Temporary Accommodation may also be assigned to the staff of a private security service company, which
is appropriately trained. A decision of the Minister of Interior
and Administrative Reform, specifies the type, content and duration of the training of the staff of the above companies, as
well as the Services of the Hellenic Police that provide it”.
The situation prevailing up to February 2016, mainly on the islands
of the North-East and South Aegean, with serious problems regarding the conditions of reception of the refugee and migrant populations, their stay in temporary accommodations
until their registration, and then their departure with final
destination usually countries of Northern Europe through
the so-called Western Balkan Route, was the subject of criticism by the Greek Ombudsman, since the State had nearly
no involvement in the protection of these people.212
3.2. Interventions
of the Greek
Ombudsman
The Greek Ombudsman has already noted since 2015, that
the mass movement of refugee populations in Europe, creates de facto situations at the points of exit, which without
affecting the application of the Schengen regulations or any
national provisions, cannot be ignored by the competent
state bodies. In the context of the visit of a joint team of the
Ombudsmen of Greece and FYROM to the temporary refugee sites at the borders of the two neighbouring countries
(17.11.2015), in Eidomeni and Vinojug, the Ombudsman
had the opportunity to discover that the refugee accommodation camp in Eidomeni was operating without any participation or coordination by the State. It was in fact based on
the voluntary work and offer of food, products and services
by the UNHCR, the IOM and the NGOs operating in the refugee camp.
The Ombudsman had noted the State’s duty to care for the
security of individuals. Furthermore, it had underlined the
212 Annual Report 2015, https://www.synigoros.gr/resources/docs/ee201504-prosfigiko.pdf.
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