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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents