THE DUBLIN II TRAP TRANSFERS OF ASYLUM-SEEKERS TO GREECE 5 1. INTRODUCTION Amnesty International is concerned that state parties to the European Union (EU) Dublin Regulation continue or have resumed the return of asylum-seekers under this Regulation1 to Greece despite continuing serious concerns with regard to the treatment of asylum-seekers, refugees and migrants in Greece. The Dublin Regulation is an EU law for determining which member state is responsible for deciding an asylum application lodged within the EU,2 and usually requires that asylum-seekers be returned to the first country they entered upon arriving in the EU. Individuals transferred under the Dublin II system3 face a myriad of risks to their human rights in Greece, including most seriously a risk of refoulement through failures in the asylum system at both procedural and substantive levels. As this report will highlight, these failings are: difficulties in accessing the asylum system and registering a claim; unfair examinations of asylum claims; a lack of procedural safeguards as required by international law to ensure the correct identification of those in need of international protection, and to prevent violation of the principle of non-refoulement.4 These procedural failings include the abolition of a substantive appeal, and a lack of legal counselling, interpretation and information about the asylum procedure. On top of these systemic failings, expulsions to Turkey, including of asylum-seekers, are creating further risks of indirect or chain refoulement.5 In addition, the vast majority of asylum-seekers transferred under the Dublin Regulation are automatically detained in inadequate conditions at the airport upon their arrival in Greece. Elsewhere in the country reception conditions fall far short of requisite standards, and economic and social rights are not met. In view of these findings, Amnesty International must repeat its call to state parties to the Dublin Regulation to immediately suspend all transfers to Greece under the Regulation until such time as reforms are implemented ensuring that requisite levels of human rights protection are met for refugees and asylum-seekers in Greece. During 2007/8, in response to growing concern about the dire asylum conditions in Greece expressed by, among others, the UN Refugee Agency (UNHCR), the Commissioner for Human Rights of the Council of Europe and various non-governmental organizations (NGOs), a number of European countries took steps to suspend or reduce Dublin II transfers to Greece. Given the evidence of serious continuing problems outlined in this report it is therefore of significant concern that, since the first half of 2009, some state parties to the Dublin Regulation, including Finland, the Netherlands, Belgium and Norway, which were previously circumspect in or had suspended applying the Regulation, have resumed returns of asylumseekers to Greece.6 European countries commonly argue that if breaches of human rights take place in Greece then individuals can seek redress there since Greece is a party to the relevant human rights conventions and treaties. However, Amnesty International and other organizations have repeatedly raised concerns about the obstacles faced by individuals in accessing their rights or effective remedies in practice. Since March 2008, Amnesty International has called upon EU member states to make use of the sovereignty clause under Article 3.2 of the Dublin Regulation.7 This allows a state to examine an asylum claim, even if such examination is not its responsibility under the criteria of the Regulation, including to avoid transferring asylum-seekers to the state which is Index: EUR 25/001/2010 Amnesty International March 2010