B. Infrastructure Facilities - Living
conditions
the shortages in basic infrastructure and essential amenities,
as well as their limited capacity. It is typical that, according
to the data of the Central Coordinating Body of the General
Secretariat for Information, on 3.1.2017, there were 5542
third-country nationals living at the Lesvos hotspot, which
has a capacity for 3500, whereas in the Samos hotspot, with
a capacity for 850, there were 1932 people recorded.
without the procedures provided for, is still pending. Beyond
the legal issues raised by the informal operation of these
structures, this pending issue is the main reason for organisational malfunctions, due to the lack of effective coordination of the agencies involved and the inability to monitor and
attribute liability in cases where serious omissions of actions
prescribed by law are discovered.
The lack of the essential living standards and infrastructure
had tragic consequences, especially during the 2016-2017
winter, when the absence of organisation and coordination
of the competent agencies for the protection and safety of
the populations on the islands and the mainland was manifested in the most dramatic manner. An indicative example
is the camp of Moria (Lesvos), where up to the end of January 2017, the Ministry of Migration Policy had not managed
to communicate and cooperate with the local Municipality
and the humanitarian organisations for the protection of the
residents from the cold. However, after the death of three
individuals, which, according to reports, was caused by the
fumes of makeshift heaters, suitable heated tents were procured, places for vulnerable groups in the municipal site of
Kara Tepe were found, and people were hosted on a Hellenic
Navy ship in the port of Mytilini. The solution to the problem, albeit temporary, in such an impressive short time from
the tragic incident, proves that there is a way to address the
problems, the necessary actions however were not taken in
time.
According to the enabling provision of Article 10(4) and
(5) of Law 4375/2016 the open Facilities for the Temporary Accommodation of Applicants for International Protection and the open Temporary Accommodation Facilities for
third country nationals or stateless persons who arrive or
are staying in the country without the legal formalities are
established by a joint decision of the Minister of Finance and
the Minister for Migration Policy. Up to the end of 2016, the
only relevant JMDs that had been issued pertained to the
Temporary Reception Facilities in Leros (for a period of operation up to 31.12.2016) and in Schisto, Attica and Diavata,
Thessaloniki, respectively.142
Law 4375/2016 attempted, inter alia, to
1.3. Legal
framework - establish a rational and operational system
for the management of mass accommodaCauses
tion sites, laying the foundation for the effective cooperation of the involved services and agencies, by
assigning distinct competences to them. However, nearly a
year after the entry into effect of the new legislative framework, we saw a piecemeal approach to the implementation of
the provisions pertaining to Temporary Accommodation and
Temporary Reception Facilities, the majority of which were
still operating unofficially until the beginning of 2017, and
without meeting the formal and substantial requirements of
the applicable laws.
In particular, the issue of the normative acts
required for the establishment and operation of the existing facilities, which started
their operation under the pre-existing legislative framework (Law 3907/2011, PD 220/2007) and
Issue of
normative
acts
44
Moreover, for the needs of the establishment of open Temporary Reception and Accommodation Facilities, there is
provision for the granting of private and public properties,
fields and military camps, on an exceptional basis. The construction, installation and operation of facilities at such
sites takes place in deviation of the existing land uses, but
is governed by special specifications, restrictions in their
construction and environmental terms, for the approval of
which relevant JMDs are required (Article 16(3) to (5) of
Law 4375/2016). Despite the fact that during the past two
years, a large number of such properties has been granted,
which are in operation, no relevant normative act has been
issued, resulting in inappropriate and dangerous sites, from
a health and environmental aspect, being used.
According to Article 17 of Law 4375/2016,
it is necessary to introduce General Rules for
the Operation of Temporary Accommodation
Facilities and Temporary Reception Facilities, with the issue
of a relevant Joint Ministerial Decision, whereas their operation is governed by Internal Rules, issued at the responsibility of the Director of the Reception and Identification Service, with the consent of the Heads of the Temporary Accommodation Facilities or the competent Reception Directorate
Rules of
Operation
142 JMD 4Δ/8484/13-7-2016 (Government Gazette Β 2177/13-7-2016)
and JMD 3/14762/16-11-2016 (Government Gazette Β 3720/16-11-2016),
respectively.
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