facilities, combined with indefinite detention
resulted in Greece being the first State towards
which returns under the Dublin II Regulation
were suspended. In particular, the decision of
the European Court of Human Rights (ECtHR)
M.S.S. v. Belgium and Greece23 challenged the
presumption of safety and of a level playing field
in asylum processing within the EU, with the
Court arguing against the idea that there is „per
se a sufficient basis for intra-EU transfers of
asylum seekers‟. It found that the dysfunctions
of the Greek asylum system and the inhuman and
degrading conditions of detention in the country
violated articles 3 and 13 of the European
Convention for Human Rights and deprived
asylum seekers from their right to an effective
remedy. This resulted, for the first time since
the implementation of the Dublin II Regulation,
in a suspension of transfers of asylum-seekers
from other member states towards Greece. The
broader implications of this decision were
evident soon enough; Greece was pressured to
dramatically overhaul its asylum system,
reception conditions and broader practices in
dealing with irregular migrants, a process that
continues to this day.
and cannot bring the desired outcomes,
even by the mere fact that it cannot
survive legally for long.
2. Greece can invest in setting higher
incentives for migrants to return to their
home countries and pursue a closer cooperation
with
the
International
Organisation for Migration that carries
out voluntary return programmes.
3. The authorities can reduce the overall
financial costs of their policy framework
by assessing on a more individualised
basis the status of irregular migrants in
particular of those that are currently in
detention, by taking into account that:
Given the profound arbitrariness of the latest
policy measure, its short viability in terms of
legality, the doubtfulness of its outcome, the big
financial investment involved and the political
risks of any new convictions, it is beyond doubt
that this is not an effective and sustainable
policy for Greece to manage its irregular migrant
population.
In view of the recent crisis, many
migrants who have lived in years
legally for over ten years lost their
residence permits over the past
months. The authorities should seek
to regularise their stay, in particular
since many of these people have
developed ties with the country that
would entitle them to a residence
status.
Asylum seekers and other persons
whose removal is not feasible must
not be held in detention for as long
as their removal cannot be carried
out.
Supplementary measures can also include
Recommendations
1. Greece must explore its alternatives
before resorting to a measure that
entails huge financial and political risks
against Greece, Execution of the judgments of the
European Court of Human Rights”, available at
http://hudoc.echr.coe.int/sites/eng/pages/search.
aspx?i=001-116545 .
23
ECtHR (GC), M.S.S. v. Belgium and Greece, Appl.
No. 30696/09, 21 Jan. 2011.
24
6
Surveillance schemes alternative to
detention. Pilot schemes have been tried
in Belgium, Germany, Sweden and the
United Kingdom but also Australia and
the USA24. While state authorities have
been often reluctant to adopt such
schemes, the overall assessment is
positive.
Forced Migration Review, fall 2013, Issue no. 44,
pages 40-62.