Arias Fernández told Human Rights Watch that Frontex goes on patrols, accompanied with
at least one Greek officer. He said that in these patrols the “guest officers” are authorized
to apprehend migrants and then transfer them to Greek counterparts who run the
detention facilities. In our meeting with three Frontex officials, Kari Wahlström, Leszek
Szymanski, and Gerald Baumkirchner, we raised the concern that when guest border
guards apprehend migrants and transfer them to Greek detention centers they are thereby
exposing the migrants to inhuman and degrading treatment. The three Frontex officials
confirmed that the border guards from the RABIT deployment did, in fact, participate in
such patrols, and Baumkirchner responded by saying:
You say that we should be doing things that we are not doing, or that we
should stop doing what we are doing. But this is the procedure. We do
things according to our mandate.110
As indicated above, these Frontex officers confirmed that they were aware of the generally
unacceptable detention conditions that have been extensively documented.111 The physical
locations where Frontex border guards work also make it clear that they, too, are familiar
with these conditions. In Feres detention center, for example, Human Rights Watch met with
several Slovak border guards who were sitting there during the day. Although they were
unwilling to engage with Human Rights Watch in substantive discussions about their work,
they acknowledged that they participate in apprehensions and said they were fully aware of
the situation at the detention center. As they were waiting for their nighttime patrol as part
of the RABIT force, the Slovak border guards sipped coffee and chatted on a balcony
overlooking the open-air part of the detention area, from where the detainees were visible.
Although Frontex has explained that RABIT border guards are under “instructions” from
Greek authorities,112 a strict chain of command is not evident when guest guards deployed
by Frontex patrol alongside the Greek police. Although the Frontex Regulation holds that
border guards participating in RABIT "shall wear their own uniform while performing their
tasks,"113 officials in the Frontex Operational Office in Piraeus explained that they are not
under the command of their home authorities. Nevertheless, in some cases, they report
back to their home authorities after going on patrol. During RABIT patrols guest border
110 Human Rights Watch interview with Gerald Baumkirchner, Pireaus, February 15, 2011.
111
Human Rights Watch Interview with Wahlstöm and staff, Piraeus, February 15, 2011.
Ibid. This is also made explicit in the RABIT regulation: Regulation (EC) No 863/2007, July 11, 2007, http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32007R0863:en:NOT (accessed April 13, 2011), Article 5,
113 Frontex Regulation, Article 4.
112
39
HUMAN RIGHTS WATCH | SEPTEMBER 2011
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