attention,”55 He found these conditions “to amount to inhuman and degrading treatment,
in violation of Articles 7 and10 of ICCPR.”56
Kari Wahlström, head of the Frontex Operational Office in Greece, explained to us how,
despite its knowledge that conditions in Greek detention centers had been characterized
as inhuman and degrading, Frontex decided to go forward with the RABIT deployment:
The facts were known to us from the very beginning, but the pressure on the
border grew. While knowing the conditions, it was still necessary to stop
this, as the situation was not under control.57
Human Rights Watch considers that at the preparatory stage in October 2010 Frontex had
good reason to know that if its operations included the transfer of migrants to Greece
custody this would lead to those people being subject to inhuman and degrading
conditions in violation of fundamental rights enshrined in international and European law.
RABIT 2010
The RABIT operation began after Greece sent a request to the Frontex headquarters in
Warsaw, as required by the RABIT Regulation. This was not an exclusively Greek initiative.
According to Arias Fernández, the European Commission “encouraged” Greece to ask for
Frontex’s help in view of the developing emergency in Greece.58 Frontex responded
positively to this request and sent 175 border guards to Evros drawn from a pool of guards
from other EU member states and participating non-EU states. On November 2, 2010, the
operation got underway.
In addition to the border guards, Frontex sent material support including one helicopter
provided by Romania; four buses provided by Austria, Hungary, and Romania; five
minibuses provided by Romania, Austria, and Hungary; 19 four-wheel-drive patrol cars
provided by Romania, Austria, Slovakia and Germany; nine vans with thermo-visual
55
Mission to Greece Report, March 4, 2011, Summary p. 2.
Ibid., Also at para. 47: “The Special Rapporteur concludes that the conditions in all facilities visited operating to detain
aliens awaiting deportation, with the exception of the Mersidini Migration Detention Centre, were not in conformity with the
UN Body of Principles for the protection of all persons under any form of detention or the UN Standard of Minimum Rules for
the Treatment of Prisoners. The prolonged detention of aliens under the described conditions of detention amounts to
inhuman and degrading treatment, in violation of Articles 7 and 10 ICCPR.” The International Covenant on Civil and Political
Rights, adopted December 16, 1966, General Assembly Resolution 2200A (XXI), entered into force March 23, 1976
http://www2.ohchr.org/english/law/ccpr.htm (accessed April 25, 2011).
56
57 Human Rights Watch interview with Kari Wahlstörm,
58
February 15, 2011.
Human Rights Watch interview with Arias Fernández, Orestiada, December 1, 2010.
23
HUMAN RIGHTS WATCH | SEPTEMBER 2011
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