guards work under a Greek "shift leader," who is supposed to bear legal responsibility if
anything goes wrong.114 However, when asked if a shift leader is the commander of the
patrol, Szymanski said:
The RABIT patrols are without a commander, but the shift leader leads the
patrols. In comparison with a commander, a shift leader is slightly less high
in the hierarchy. The shift leader is always Greek. He gives the running
orders for the patrol. The member states are not involved in the patrol
plans….They [the guest officers] don't have any contact with the member
states during the shifts. 115
In the absence of a clear agreement that displaces Greek authority over the patrols,
primary responsibility for what happens during the patrols would normally fall on the
Greek authorities because the patrols take place on Greek sovereign territory.
Nationality-Determination Interviews
Frontex’s involvement in border-enforcement includes providing personnel who conduct
nationality-determination interviews, often referred to as screenings. The purpose of these
interviews is to determine the interviewed person’s country of origin in order to facilitate
his or her deportation. The screenings are conducted in detention facilities in Evros.
Human Rights Watch observed three nationality-determination screenings conducted by
one Frontex interpreter and two Frontex country experts. We observed Greek police
bringing detainees to the Frontex team and not remaining during the course of the
interviews. The three interviews that we observed in Tychero detention facility did not
include any Greek police personnel and were carried out exclusively by Frontex agents.
Since so few of the migrants in the Evros region (including many who will eventually lodge
asylum claims in Athens) apply for asylum there, the nationality-determination interviews
are the most substantive interview of any kind that most migrants experience. The FRA
report observed, “The screening by the joint teams is the only extensive interview carried
out with an irregular migrant at the border, unless he/she is interviewed by Frontex to
obtain information about patterns of organized crime.”116
114 This came up both in the interview with Arias Fernández, Orestiada, December 1, 2010 and in the interview with
Wahlström and staff, Piraeus, February 15, 2011.
Human Rights Watch interview with Leszek Szymanki, Piraeus, February 15, 2011.
115
116
FRA report, p. 22.
THE EU’S DIRTY HANDS
40
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