right to request international protection in a language they
understand, and on the other hand guarantees of family
unity, complete information, also in writing, in their language and in the presence of their attorney in case of withdrawal. This issue was raised by the Ombudsman in the case
of six Iraqi women held separately from male members of
their family at the Police Department of Messinia, while
their readmission was pending (case No. 220665/2016).
The clarifications on the existence of written information, an
interpreter, etc., requested from the Hellenic Police on 7
November 2016, could not be answered up to the completion of this report. The relevant questions on the case of
readmission to Turkey on 20.10.2016 of Syrian citizens
who claimed that they had submitted a statement of intention for the submission of an asylum application in Leros
(case No. 220930/2016) also remained unanswered.
Especially as regards the guarantees for access to asylum of
detainees, with Article 46 of Law 4375/2016, with which
our domestic law was harmonized with relevant Article 8 of
Directive 2013/33/EU, several recommendations submitted by the Ombudsman were adopted,105 such as detention
remaining a measure of exception against those submitting
an international protection application while detained, requiring a reasoned judgement, with prior evaluation on an
individual basis on the non-application of alternative measures, its extension being subject to judicial control, establishing a maximum time limit for detaining minors, etc.
Finally, the Ombudsman submitted in October a detailed
opinion to the Ministry of Migration Policy on the draft law
on the conditions of reception of applicants for international protection according to Directive 2013/33/EU (recast
29.6.2014), with proposals for improving protection. Specifically it recommended that there is a clear call to include
in the definition of vulnerable persons with special reception
needs requiring international protection, also cases of victims of violence on grounds of gender, sexual orientation or
gender identity, with references to the concepts of Article
10 of PD 141/2013.
It should be noted however that it is very positive that the
Asylum Service keeps information on victims of torture,
rape or other form of sexual violence, something which will
facilitate their special treatment, in contrast to other Member States.106
The independent authority further noted on our country’s
obligation under the aforementioned Directive to establish
mechanisms for monitoring and scrutinising the standards
of the conditions of the reception of asylum seekers, and
to inform the European Commission, that it would be useful to include the Ombudsman as the primary independent
institution, whose competence already covers the external
monitoring of the reception conditions.
4.5. Relocation
of asylum seekers
to other Member
States
A key provision of the EU-Turkey
Statement of 18.3.2016107 was
the resettlement of one Syrian
from Turkey to the EU for each
Syrian who would return to Greece
from Turkey after 20.3.2016.108 This clause was based on
compliance with the commitments of the Member States on
20.7.2015 to accept the relocation of asylum seekers from
Greece and Italy, commitments that corresponded on 18
March 2016 to 18,000 places, as well as the additional distribution of 54,000 new relocation places.109 The European
Commission, in assessing the resettlement of 2,716 Syrians from Turkey in 2016 to eight Member States,110 considers that there is a positive pace that should continue.111 The
Ombudsman however observes that 13,450 applications of
Member States for resettlement from Turkey in 2016 and
2017112 cannot be considered sufficient based on the
aforementioned commitments as well as the number of Syrians that seek international protection.
relevant records in contrast to other 13 Member States which are mentioned in
the relevant report “Current migration situation in the EU: Torture, trauma and
its possible impact on drug use”, FRA, February 2017 http://fra.europa.eu/en/
publication/2017/february-monthly-migration-focus-torture
107 http://www.consilium.europa.eu/en/press/press-releases/2016/03/18-euturkey-statement/
108 801 people returned from Greece with the EU-Turkey readmission procedure
in 2016 https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/
policies/european-agenda-migration/press-material/docs/state_of_play_-_euturkey_en.pdf
109 With Council Decision (EU) 2016/1754 of 29.9.2016, Member States were
allowed to implement their commitments under decision (EU) 2015/1601 as
regards the 54,000 places with selection of the resettlement of Syrian applicants
for international protection from Turkey instead of the relocation of applicants
from Italy or Greece.
110 Up to 5.12.2016 in Belgium, Finland, France, Germany, Italy, Luxembourg,
Netherlands and Sweden.
105 Annual Report 2014, pg. 177-178.
111 https://ec.europa.eu/neighbourhood-enlargement/sites/near/
files/20161208-4th_report_on_the_progress_made_in_the_implementation_
of_the_eu-turkey_statement_en_0.pdf
It could be observed that this number is actually more than three times higher
than the number of 801 persons that returned to Turkey in 2016. Of course,
it falls far behind the total number of 54,000 places and continues to be lower
than the number of pending applications, according to the statistics of the same
Commission report.
106 In 2016, 577 asylum seekers were recorded as victims of torture, rape or
sexual violence, 190 of which were women. According to FRA, only Greece keeps
112 Up to 20.12.2016, according to the internal Communication of the
European Commission “on the migration crisis”.
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents