The Fundamental Rights Agency report points to the possibility of refoulement based on the combined lack of protection mechanisms and unbridled enforcement mechanisms, including the Frontex’s nationality-determination procedures: While the Greek authorities are responsible for the readmission process, the fact that no system exists to determine if a person proposed for readmission is indeed in need of international protection, also puts the European Union at a grave risk: EU assistance is provided to determine nationality and hence to facilitate readmission without having a parallel assistance provided to identify whether persons to be readmitted are in need of international protection.125 It was not clear whether or how detainees can challenge the nationality-determination interviews, how the determination is recorded, or how errors in nationality determination might be identified and corrected, short of a country of presumed nationality not accepting the person back. Given the impact of Frontex nationality determinations on crucial issues such as length of detention, deportation, and asylum, the question arises at what point the Greek authorities accord Frontex’s nationality determination the force of an administrative decision and whether and how a person can challenge or appeal this decision. The Greek police personnel we discussed this with also told us that they treat Frontex’s nationalitydetermination screenings as determinative. The police commander in Tychero said: Frontex screens alone, and then they give the dates and papers. The police don't do screenings. We talk with them in English or Greek, but very much rely on the information that Frontex gives us.126 Spiridon Daskaris, police commander at the Feres detention center, provided a similar account: The screening process is a Frontex process…. If someone says he’s from Palestine, they must know Palestine. They must know where it is and the map. They ask, “Who is your president? Where is your capital city?” They 125 FRA report, p. 24. 126 Human Rights Watch interview with Haralampos Vomvellis, commander of Tichero police detention facility, November 30, 2010. THE EU’S DIRTY HANDS 44

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