6 THE DUBLIN II TRAP TRANSFERS OF ASYLUM-SEEKERS TO GREECE responsible until that state guarantees access to a fair asylum procedure and adequate reception conditions in compliance with international human rights law and standards as well as EU law.8 In April 2008, UNHCR advised EU member states to refrain from returning asylum-seekers to Greece under the Dublin Regulation until further notice. This advice was based on concerns regarding the access to and quality of the Greek asylum procedure, the fact that the reception conditions continued to fall short of international and European standards, and the undue hardships faced by asylum-seekers, including “Dublin returnees”, in having their claims heard and adequately adjudicated. UNHCR’s view was that a combination of these factors may give rise to the risk of refoulement. In December 2009 the UN Refugee Agency issued an updated report in which it stated that it “continues to advise Governments to refrain from returning asylum-seekers to Greece under the Dublin Regulation or otherwise”.9 Amnesty International’s research findings indicate that the situation for asylum-seekers who are returned to Greece has not improved since it called upon the EU member states not to transfer asylum-seekers to Greece. Concerns relate to both the Presidential Decree (PD) No. 90/2008 of July 2008 (which transposed the EU Asylums Procedure Directive) and the amending PD No. 81/2009 of July 2009. Indeed, the situation has worsened with the adoption of PD 81/2009, which abolished the second stage of asylum procedures, leaving asylum-seekers with no recourse to an effective appeal. An asylum-seeker whose application has been rejected may only apply to the Council of State for annulment of that decision. According to UNHCR, the adoption of this new legislation has introduced changes to the asylum procedure “which have further diminished the prospects of asylum-seekers, including Dublin II transferees, having their claims determined in a fair procedure in Greece”.10 Moreover, the detention conditions in which people returned to Greece are held at Athens airport, particularly vulnerable individuals such as children, as well as the small number of reception facilities for asylum-seekers, raise serious concern. This report assesses transfers of asylum-seekers to Greece under the Dublin Regulation against the legislation and practices of the authorities in recent years. Although Greece has formally transposed relevant EU asylum legislation, Amnesty International’s research has found that this legislation as well Greece’s obligations under wider international law are not being complied with in practice. Greece, as a state party to the 1951 Convention relating to the Status of Refugees (Refugee Convention) and its Protocol as well as other relevant instruments, including the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), must ensure that it does not breach the principle of non-refoulement.11 Amnesty International reiterates that, in order to meet this obligation, and as required by international standards, Greece must give individuals within its jurisdiction12 and seeking international protection access to an asylum determination system with full procedural safeguards. In 2007, out of 20,684 asylum applications examined at first instance, only eight applicants (0.04 per cent) were granted asylum; out of 6,448 applications examined on appeal, refugee Amnesty International March 2010 Index: EUR 25/001/2010