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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
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