CO-OPERATION WITH THE COMPLAINTS MECHANISM OF FRONTEX
Protection of the Citizen at the General Inspector of Public Administration, who, however,
did not respond to the Ombudsman’s request for a specific timetable for investigation and
information of the results. In October 2017, FRONTEX made public to the Ombudsman its
letter to the Greek authorities, in which it emphasized that the six month deadline had
expired from the conveyance of this first complaint to the European Complaints Mechanism
and in turn it asked for information and a timetable for completion of the investigation by
the General Inspector of Public Administration. Beyond the question of the infringement of
the procedures of the European Complaints Mechanism, the Ombudsman emphasized to
the Greek authorities that the issue of readmission of 20.10.2016, which had been ongoing
for one whole year, manifestly exceeded any reasonable limit of internal investigation by the
Administration. The report by the General Inspector of Public Administration was submitted
finally in June 2018, but nevertheless without coming to a conclusion regarding any actions
or omissions by the Greek Police, and citing the lack of competence of the General Inspector
of Public Administration. The Ombudsman asked from the relevant Ministries for a thorough
and urgent investigation of the case so that any grey areas in impressions of a lack of
transparency should be eliminated regarding the readmissions.
The other two cases that were communicated by the European Complaints Mechanism
to the Ombudsman concerned impending readmissions to Turkey, of an Iranian citizen on
27.4.201724 and a Pakistani citizen on 15.5.201725, respectively. Both of them, beyond the right
to asylum and the protection against removal, also cited an infringement of the right to
an effective remedy and fair trial. The Ombudsman informed the relevant agents that in
the respective complaints that had been submitted directly to him, in which he had timely
intervened, he had a positive response from the Migration Management Police Division,
which finally exempted the complainants from the readmission due to their pending
applications for temporary judicial protection.
The co-operation of the Ombudsman with every expert national and European agent who
aims towards a substantive investigation of complaints and to the decisive safeguarding of
fundamental rights, as arise from the above cases, is a given fact. Nevertheless, as regards
the provisions for external monitoring of the EU Regulation 2016/1624, the Ombudsman
maintains the reservations that he had set down in his previous report26, both for the European
Mechanism of Complaints, as well as for the development of a European pool of monitors, in
which indeed the Ombudsman, as a national mechanism of external monitoring of returns,
24 Case CMP 003/2017
25 Case CMP 010/2017
26 https://www.synigoros.gr/?i=human-rights.en.recentinterventions.457395 p.15s
23
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