42 THE DUBLIN II TRAP TRANSFERS OF ASYLUM-SEEKERS TO GREECE 7. CONCLUSION Due to the ongoing and serious failings in the asylum system in Greece, Amnesty International calls for an immediate halt to all transfers to the country under the Dublin Regulation. As highlighted in this report, asylum-seekers transferred under this piece of EU legislation face a range of human rights violations due to Greece’s failure to meet its obligations under human rights and refugee law. Until such time as these are remedied, state parties to the Regulation risk breaching their own obligations by sending asylum-seekers to a country which is unable to effectively protect their rights. Amnesty International has serious concerns about the risk of refoulement, occurring through failings in the asylum system in Greece, including through the obstacles faced by individuals in accessing the asylum system; the absence of fair examinations of asylum claims, particularly after the entry into force of new legislation that abolishes an effective appeals procedure; the lack of access to legal counselling, interpretation services and information about the asylum procedure; and the lack of a specialized/competent body to decide on asylum claims. The current practice of expulsion to Turkey of people, who might have applied for asylum, creates a further risk of indirect or “chain” refoulement. In addition, the lack of accommodation facilities and inadequate access to healthcare impact on their economic and social rights. While Amnesty International welcomes recent government statements and developments indicating a desire to positively reform the asylum and migration system, without actual changes in law and practice Greece will continue to fail in its obligations to refugees, asylumseekers and migrants, and other EU member states must ensure they do not breach their own obligations by transferring asylum-seekers to Greece. What the Greek situation acutely highlights is that the Dublin II system is premised on a currently flawed assumption that all EU member states offer an equivalent standard of refugee protection. Until such time as the reality of the vastly disparate standards of protection across the EU is addressed, in a coordinated and concerted way, asylum-seekers who are unfortunate enough to have Greece as their first port of call will face being left outside the refugee protection system and serious risks to their human rights and safety. Amnesty International March 2010 Index: EUR 25/001/2010