Α. Administrative procedures and problems As regards the applications for relocation of the asylum seekers from Greece,113 the information for 2016114 show a significant deviation (3:2) among applications submitted in Greece (20,827) and places opened by the Member States (13.384). Also, a significant number (approximately 3000) of the 12,929 applications sent by Greece were not accepted by the Member States.115 The Asylum Service announces that only 5% of the applications that are submitted are answered within the stipulated 10-day period by the Member States, which in practice can reach up to 40 days, and after that the average waiting time from acceptance until its implementation is 58 days. The competent service then notes: These delays result in the slow decongestion of the accommodation facilities on mainland Greece, the diffuse disappointment among asylum seekers, and finally, the loss of the credibility of the relocation program.116 Especially as regards unaccompanied minors, the low number of acceptances of applications for relocation,117 in combination with the inadequacy of the country in suitable accommodation facilities, led to the public call by the European Network of Ombudspersons for Children (ENOC), addressed inter alia to the Presidents of the European Council, the European Commission and the European Parliament, asking for additional measures for the immediate relocation of a large number of unaccompanied minors to countries of Europe.118 The Ombudsman observes that the delays and the procedural obstacles in the realisation of the above commitments, but also the small number of countries that accepted in 2016 the relocation of people who asked for international protection in Greece as the first country of entry into the EU, constitute indications of the substantial refusal of certain Member States to comply with the program for the distribution of asylum seekers in the EU, as well as the inability of the EU institutional structure to ensure implementation of 113 Who had entered before 20.3.2016. 114 Up to 20.12.2017, ibid. 13,384 places (pledges) by Member States, 20,827 applications were submitted in Greece, 12,929 applications were sent by Greece, 10,061 were accepted, 7,062 were implemented by Greece (141 unaccompanied, source IOM) and 121 were scheduled between 23.12 – 15.1. 115 See also statistics up to March 2017 http://asylo.gov.gr/wp-content/ uploads/2017/03/Relocation-procedures-up-to-19-03-17_gr.pdf 116 http://asylo.gov.gr/wp-content/uploads/2017/02/DT-Proodou. Metegkatastasis-.pdf 117 Verbatim Press Release of Asylum Service, November 2016 http://asylo. gov.gr/wp-content/uploads/2016 118 See in this regard http://enoc.eu/wp-content/uploads/2016/04/ENOCLetter-5-April-2016-Sofia.pdf 36 the commitments under the relocation scheme. 5. Returns and issues of transparency in procedures The Ombudsman has special competence119 for controlling all stages of the procedure of forced return to the countries of origin of third-country nationals, who are often detained, from the issue of the decision of their return until its implementation with land, sea or air transport to their country. Based on a sample check in pre-removal detention centers and thirdcountry national return operations of the Hellenic Police, the Greek Ombudsman in the Annual Report it publishes especially for Returns, highlights the problematic points of the procedure in relation to the mandates of EU or domestic law and recommends organisational or other measures for assuring the rights of the people involved in the forced return procedure. External monitoring by an independent authority and the transparency of police operations constitute the necessary guarantee of the rule of law vis-à-vis the risks for fundamental rights posed by any procedure that restricts personal liberty. For this reason, external monitoring and the relevant Guidelines of the European Council, the CJEU case law, etc., constitute an integral part of the Return Handbook of the European Commission (2015) and the FRONTEX Code of Conduct (2014), as well as the new European Regulation 2016/1624 on the conversion of FRONTEX into a European Border and Coast Guard. This Regulation was adopted in September and provides for a European pool of forcedreturn monitors from the Member States (Article 29), which would ensure that no European return operation is conducted without external monitoring (Article 28). 5.1. Common problems of forced returns In late 2014,120 the Greek Ombudsman considered that the main problem was the extended detention in poor living conditions, beyond the maximum limit of the Return Directive and the subsequent overcrowding of Pre-removal Centers and police stations. Also, the deficient first reception services that resulted in detention in Pre-removal Centers often of vulnerable persons, such as minors. In June 2015, the 119 Directive 2008/115/EC, Article 8(6) of Law 3907/2011, Article 23 (6) and a Joint Ministerial Decision for the organisation of an external monitoring system (Government Gazette B 2870/24.10.2014). Regarding the Ombudsman’s competence, see the relevant legal framework in the Annual report of 2016, Returns section, pg. 134. 120 Annual Report 2014, pg. 151 et seq.