Coping with a fundamental rights emergency – The situation of people crossing the Greek border in an irregular manner The operational assistance provided by the EU through FRONTEX covers only initial processing and does not impact on the most critical fundamental rights concern – the inhuman conditions in which persons are currently being held, because the reception of persons crossing the borders irregularly is seen as falling outside the mandate of FRONTEX. Greece, as an EU Member State, has an obligation to respect the EU Charter of Fundamental Rights. In order to ensure that fundamental rights are not violated and given the apparent inability of Greek authorities to address the situation effectively (already in 1999 the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment raised concerns with regards to the detention facility in Feres),7 there is an urgent need to develop alternative solutions. Such solutions shall ensure the protection of fundamental rights and provide humane and appropriate living conditions in reception and detention centres, as well as adequately responding to the needs of particularly vulnerable groups, such as families, pregnant women and unaccompanied minors. It is evident that Greek authorities urgently need operational practical support, particularly in coordinating action on the ground and in effectively absorbing EU funding. 7 See Report to the government of Greece on the visit to Greece carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 26 October to 2 November 1999, paragraph 31. See also Report to the government of Greece on the visit to Greece carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 27 August to 9 September 2005, paragraph 27 (in particular last sentence). 9

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