D. Developments during 1st quarter of 2017 both Greek and EU level. Finally, the European Commission Recommendation of 7.3.2017 on making returns more effective,222 creates a new landscape for the implementation of substantial and procedural safeguards in practice and the Ombudsman will closely monitor the implementation of the national policies at each stage of the process, in order to protect the fundamental rights of the involved third-country nationals. 4. Housing The living conditions in the temporary accommodation facilities and the hotspots have improved in 2017, especially following the bad weather conditions of the winter of 2016-2017, which were an opportunity for highlighting the inadequacy or unsuitability of many installations, often with tragic consequences for the people living there. The positive developments include the evacuation of particularly problematic accommodation sites, the replacement of most tents with stable constructions and the decrease of the population staying in mass accommodation sites, with the movement of mainly vulnerable groups to other forms of housing (apartments, hotels, etc.). The accommodation program of the UNHCR, in cooperation with NGOs and municipalities has provided 19,139223 accommodation places in apartments, hotels, buildings, as well as hospitality by families. This fact is especially positive, since beyond the good accommodation conditions, this form of accommodation fosters social integration. However, there are still significant shortages in material and technical infrastructure in many mass accommodation sites. In particular, an unspecified number of people224 is still living in tents (Samos, Souda in Chios), whereas the essential amenities, such as heating, electricity and sanitary facilities are not always ensured (e.g. Chios (VIAL), Polykastro in Kilkis, etc.). Also, accommodation sites are still in operation in old industrial buildings, which pose risks for the health of the residents (e.g. Kalohori in Thessaloniki, Oinofyta in Viotia, etc.). 222 https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/ policies/european-agenda-migration/20170302_commission_recommendation_ on_making_returns_more_effective_en.pdf 223 UNHCR data as of 28.3.2017. 224 Despite the Ombudsman's relevant investigation, it could not obtain any official information regarding the exact number of people living in tents. 76 Finally, the official establishment of the Reception and Accommodation Facilities and the issue of their General Rules of Operation are still pending. 5. Health The initial investigation of the Ombudsman on the tragic incident of the death of a detainee suffering from hepatitis at the Pre-removal Center of Tavros on 6.2.2017, confirmed the fact that the examination and filling-in of the health card is not done immediately for all new arrivals at the Detention Center, considering that it is supported by only one doctor of the Hellenic Center for Disease Control & Prevention, 5 days a week during working hours. The Ombudsman observes that the findings of the Council of Europe Committee for the Prevention of Torture still apply today regarding the lack of an integrated approach in the provision of health services to the detainees during its visit in 2015 at the Tavros Detention Center on P. Ralli Str.225 Thus, the Ombudsman's recommendation for the immediate care and systematic monitoring of the health of all administratively detained third-country nationals, as stipulated by the relevant regulatory provisions is still valid (see Chapter B3). 6. Education A more general observation regarding the picture presented in early 2017, is that the Ministry of Education continues to make efforts to assure the right to education of the children from third countries, without however having covered the gaps or addressed many of the procedural problems that emerge. Specifically: 6.1. Operation of DYEPs In early 2017, there were approximately half of the stipulated DYEPs in operation, and operational and other problems that had initially emerged had been addressed,226 whereas an elementary expertise in the field had been acquired, a fact that contributed to a gradually improving operation of the DYEP programme. 225 http://hudoc.cpt.coe.int/eng#{"CPTState":["GRC"],"CPTSectionID":["p-grc20150414-en-26"]} report about the visit in 2015 to Greece, published in July 2016, see D. 117. 226 We indicatively mention problems of negative reactions by the benefited populations and leaks, issues related to health and safety, difficulties that emerged during the transportation of the children to the DYEPs with vehicles, problems due to the wrong initial declaration of the child's age resulting in including it in the wrong grade, etc.

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