Hellenic Police’s obligation was activated for the provision of statistics on the execution of returns and informing the Ombudsman on the scheduling of the relevant removal operations by the country’s police divisions. The Ombudsman considers that already the regular submission of data from across the country to the independent authority, and the publication of statistics by the Hellenic Police on issues pertaining to the irregular migrants (arrests, deportations, etc.) on its website, are important steps towards the transparency of the administrative actions. The data submitted however showed that 7 out of 10 returning individuals in 2015 were Albanian citizens, and that year the Ombudsman scheduled sample checks of removal operations by land presenting characteristics of a group deportation to Albania. Individual recommendations (e.g. supply of first aid kits) were accepted by the Hellenic Police, however others are still pending because they require the restructuring of detainee transfers by land. A major problem is that the police transfer vans that are used are configured as cells, which are particularly narrow, dark, with seats that are unsuitable for long travelling (e.g. from Athens to the Albanian borders or to Evros). The Ombudsman’s recommendation is that the use of tourist buses should be evaluated from an operational aspect, in order to conduct the return operation by land in a vehicle that is appropriate for long travelling. The Greek Ombudsman notes the State’s administrative failure to complete the charter flight tender, and to generally finance the forced returns system since 1.7.2015, by the now unified Asylum, Migration and Integration Fund (AMIF) for the object of returns, based on the national program that was approved in the summer of 2015 by the European Commission.121 Regulatory changes were made for the management of the programme122 and there were subsequent administrative delays up to 2016.123 In practice, the Hellenic Police, due to the failure to conduct charter flights for returns by air, participates in Joint European Operations by air organised by the Member States and coordinated by FRONTEX. Since December 2015 when the Ombudsman started participating in Joint European Operations and throughout 2016,124 the issues that emerge do not change: As regards pre-removal procedures, immediate measures are required, for a) the timely provision of information to the third-country nationals regarding the removal operation and its separate elements; b) their convenient and timely access to telephone communication means in order to be able to notify their family, and c) the coordinated, timely and complete provision of suitable meals and water. The Ombudsman requests that the foreigners to be returned are not restrained with handcuffs or other means, unless this is necessary and adequate, and with special justification. It also requests that measures be taken to protect the dignity of the third-country nationals to be returned, and specifically from photographing etc., by journalists, especially in public areas, and in any case without their prior express consent. The most important issue of the above, which is a constant operational need in every forced removal operation, as explained below, is that the third-country nationals are literally informed at the last minute that they will be returning (before they enter the aeroplane or the boat or after they reach their destination in certain cases of land transfer). 5.2. The pressure The explosion of mixed flows in 2015, and the difficulties in the to accelerate implementation of the European readmissions 122 The establishment of the Ministry of Interior and Administrative Reconstruction, with PD 24/2015, followed six months later, the establishment of a competent authority at the Ministry of Interior and the appointment of executive authorities for the management of AMIF with Article 9(6) et seq. of Law 4332/2015, and after that, under its authorisation, various ensuing regulatory acts. Legislative amendments followed with Law 4375/2016, Article 76 et seq. and Law 4403/2016, Article 65(1). Commission action plan for the reception and relocation of asylum seekers in principle, and also for the implementation of an effective forced returns system for the other populations, also mark the developments in the management of the returns in 2016. The adoption of the EU-Turkey Statement of 18 March was accompanied by the activation of the procedure for the readmission into Turkey of third-country nationals who irregularly entered Greece from the sea borders. This is an exceptional procedure, based on Article 2 of the Directive, where the basic guarantees of the fundamental rights are 123 Call for proposals by the Managing Authority (European and Development Programs Division/Ministry of Interior - Citizen Protection Sector) http://www. minocp.gov.gr/index.php?option=ozo_content&perform=view&id=5697&Itemi d=533&lang=GR for forced returns of the Hellenic Police 3-2-2016, and for the external monitoring of returns 21.10.2016. 124 In 2016, the Ombudsman was present in 11 Joint Operations for the Return by air of foreign nationals to Pakistan and Georgia, coordinated by FRONTEX. This number constitutes 55% of the operations in which the Hellenic Police participated or which it organised that year. 121 Decision C(2015) 5313 of 31.07.2015 37

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