Α. Administrative
procedures
and problems
sible serves a range of broad-spectrum practical reasons,
such as security and public order, as well as the improvement of the services provided to these persons. For example, recording the population per age group in all types of
temporary accommodation facilities, simultaneously serves
multiple needs of the Administration: from the security of
the general population and the persons themselves staying
at an accommodation facility, to the programming of the
educational, health or other needs of this population.
Going into the third year since we first observed the acute
increase of the flows, we believe that four key questions
emerge, which, at first sight, are linked both to the past and
the present, but they primarily concern the future:
1. H
ow many arrivals to the islands were registered? What
was the procedure that was followed? What is the degree
of reliability of the procedure? Were there any potential
expediencies which the Greek authorities served, e.g.
non registration, incorrect registration or acceptance of
the simple statements of the name and citizenship of the
arriving persons?
2. W
hy were the Greek authorities not registering those
exiting the country through the Western Balkans route?
3. Is it still of any significance today or are there any consequences from the problems in the registrations in the
past, and the method followed?
4. W
hat is the situation with those staying in the country
today? How reliable are the statistics on them? And if the
reliability is reduced, what is the reason?
These questions do not have a simple answer, and moreover, such answer does not fall primarily under the scope of
the Greek Ombudsman’s competences, and especially when
it contains estimates, some of which are related to potential
political decisions. Without doubt however, the questions
are closely connected to the independent authority’s role in
controlling Administration and its compliance with legality,
highlighting and preventing cases of maladministration and
ensuring an institutional and administrative framework of a
modern European state governed by the rule of law, which
does not allow violations of human rights. In this context,
we will not try to answer the questions in the following paragraphs but we will highlight certain points related to them.
1. Did the competent Greek authorities correctly register
the arrivals? Even though we are aware that a rather
small number of individuals left the islands without being registered,3 the most important shortcoming from
a quantitative aspect occurred with the incorrect registration, i.e. not in accordance with the stipulated procedures. The incorrect registration of a large part of those
entering the country started to gradually decrease only
at the end of 2015. According to a source, which the
competent Ministry has not yet refuted, from the 1st
of January 2015 until the 14th of November 2015,
Greece had registered 136,798 new entries in the Eurodac system from the 575,242 arrivals which FRONTEX
had (also) counted during the same period.4 This means
that approximately one out of four arrivals were recorded following the correct and stipulated procedure and
were directly traceable by the authorities of other countries. A simple registration was followed for many more,
something however which potentially meant an incorrect identification of their name and citizenship.5 These
shortcomings took on a particular political significance
for the country and were discussed before the European
Commission.6 In fact, in accordance with the relevant biannual Schengen Evaluation Report, Greece submitted a
request for support in the registration by the Rapid Border Intervention Teams (RABITs) of FRONTEX as late as
the 3rd of December 2015,7 when the flows had already
significantly diminished. Registration started improving
from that time, and from the onset of 2016 all “visible”
arrivals are gradually registered.8
2. F rom the second quarter of 2016, the arrivals of illegally incoming third-country nationals, and as a result,
their arrests, are at a “record low”, whereas overall for
2016, if the first quarter is exempted, arrivals are proportionally below pre-crisis levels.9 The examination of
3 We are not however able to make any estimate.
4 http://www.kathimerini.gr/849740/article/epikairothta/ellada/h-aporrhthek8esh-twn-empeirognwmonwn-ths-komision-gia-to-prosfygiko
5 In reality it increased the chances for incorrect registration and in particular of
the association and future identification of these individuals.
6 European Commission, Schengen Evaluation Report on Greece 27.01.2016
(http://europa.eu/rapid/press-release_IP-16-174_en.htm).
7 https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/
policies/borders-and-visas/schengen/docs/eighth_biannual_report_on_the_
functioning_of_the_schengen_area_en.pdf
8 78% in January 2016, see European Commission, Managing the refugee Crisis,
progress report.
9 Arrests for illegal entry and stay according to the Hellenic Police, until the start of
16
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