20. In accordance with the Dublin Regulation, EU
Member States have to assess which Member State is
responsible for examining an asylum application lodged
on their territory. Usually the country that a person first
arrived in is responsible for dealing with the application.
However, this puts excessive pressure on countries at
the external borders of the EU, such as Greece.
26. Rules 10, 12, 15, 19, 20 and 21 of the Standard
Minimum Rules for the Treatment of Prisoners, adopted by
the First United Nations Congress on the Prevention of Crime
and the Treatment of Offenders, held at Geneva in 1955,
and approved by the Economic and Social Council by its
resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13
May 1977.
21.
Human Rights Watch. Stuck in a Revolving Door:
Iraqis and Other Asylum Seekers and Migrants at the
Greece/Turkey Entrance to the European Union. November
2008, p. 85.
27.
22.
See for instance, Report to the Government of Greece
on the visit to Greece carried out by the European Committee
for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT) from 23 to 29 September
2008; and earlier CPT reports dated 20 to 27 February 2007
and 27 August to 9 September 2005; Report by Thomas
Hammarberg, Commissioner for Human Rights of the Council
of Europe, following his visit to Greece on 8-10 December
2008; Amnesty International, Out of the spotlight: The rights
of foreigners and minorities are still a grey area, 5 October
2005.
23.
The proposal for the operation of the screening
centers was developed by a working group which included
representatives of NGOs working with migrants and refugees,
following an initiative of the Ministry of Citizens’ Protection.
MSF participated in the group and made recommendations
regarding the medical services to be provided to new arrivals.
24.
Prior to this intervention MSF undertook an
exploratory mission in Greek detention centers in February
2008. MSF expressed concerns about the humanitarian
conditions found in the detention centers. From June to
September 2008, MSF worked in Pagani detention center
providing medical care and psychosocial support to detained
migrants. At the end of September 2008, MSF closed the
project because of restricted access to the migrants.
25.
Article 10 of the International Covenant on Civil and
Political Rights, UN General Assembly resolution 2200A,
adopted on 16 December 1966; Principle 1 of the Body of
Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment UN General Assembly resolution
43/173, adopted on 9 December 1988.
Rule 10, ibid.
28.
Article 21, paragraphs 2 and 4 of the Correctional
Code 2776/1999.
29.
The capacity of the center according to the authorities
was about 300 people.
30.
During March and April, the number of migrants and
asylum seekers in Filakio reached 440, while the capacity of
the center is approximately 370.
31.
Article 21, paragraph 5 of the Correctional Code
2776/1999.
32.
ibid
33.
Articles 25 and 33 of the Correctional Code
2776/1999.
34.
Article 36 of the Correctional Code 2776/1999.
35.
In Filakio detention center, until December 2009,
migrants were allowed daily to the yard but for a very limited
time, not longer than five to ten minutes.
36. For more information visit MSF blog on migration at
http://xorissynora.msf.gr/ (available only in Greek)
37.
See for instance, Report to the Government of Greece
on the visit to Greece carried out by the European Committee
for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT) from 23 to 29 September
2008; as well as earlier CPT reports dated 20 to 27 February
2007 and 27 August to 9 September 2005; Amnesty
International, Out of the spotlight: The rights of foreigners
and minorities are still a grey area, 5 October 2005.
38. Human Rights Watch. Stuck in a Revolving Door: Iraqis
and Other Asylum Seekers and Migrants at the Greece/Turkey
Entrance to the European Union. November 2008, p. 86.
30
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