had voiced that concern to the Greek authorities. 147 They also explained that their mandate does not allow them to do more, even though, as the head of the office, Kari Wahlström, explained, sometimes they would like to. Frontex’s most common and consistent argument is that detention falls outside its mandate, a position reiterated in a letter to Human Rights Watch in May 2011.148. Frontex’s disavowal of any responsibility for exposing migrants to human rights violations when its officials both on the ground and at the highest levels were fully knowledgeable about the direct consequences of its actions is inconsistent with the agency’s positive statements about the centrality of respect for fundamental rights and freedoms in its operations. On the institutional level, Frontex has considerable discretion in planning its operations and, therefore, ought to take into account whether these operations are consistent with the principles of the “Fundamental Rights Strategy” announced by the agency just as it was transitioning from the temporary RABIT deployment to a longer-term joint operation on the Greek border.149 If Frontex assesses that its actions are likely to fill already overcrowded detention facilities and that those detention facilities do not meet minimal standards, then it should conclude that the “risk” in terms of involvement in human rights violations is too high. In conclusion, Frontex’s activities that facilitated the detention of migrants in Greek detention centers during the RABIT deployment violated the prohibition on inhuman and degrading treatment. As such, all such activates should immediately be suspended until measures are taken to ensure that the absolute prohibition on degrading treatment is not violated. The consequences of FRONTEX suspension of activities in Greece In response to Human Rights Watch’s call for suspension of its activities that contribute to migrant detention in Greece, Arias Fernández, the deputy executive director of Frontex, replied: Frontex has a legal obligation to respond to a request by a Member State for a RABIT operation if conditions are truly an emergency. In the case of 147 Human Rights Watch interview with Kari Wahlström and staff, February 15, 2011. 148 Letter from Arias Fernández, Deputy Executive Director Frontex to Human Rights Watch, May 19, 2011. 149 Frontex, “Frontex Fundamental Rights Strategy,” March 31, 2011 http://www.frontex.europa.eu/newsroom/news_releases/art105.html (accessed April 14, 2011). THE EU’S DIRTY HANDS 50