ANNUAL POLICY REPORT 2012
against racist violence (01.11.2012).35
Significant developments took place in relation to the management of the
immigrant population already residing illegally in the country.
In the field of their employment in Greece, the Directive 2009/92/EC on
"enforcement of minimum standards on sanctions and measures against
employers of illegally staying third-country nationals" was transferred into the
Greek legislation, by Law 4052/2012 (GG 41 A 2012), in the form of a separate
chapter of the law (Chapter XIII, articles 77-94). .
In the area of health, a Circular of the Minister of Health,36 issued in May 2012,
clarified that access to the healthcare and nursing care system will not be
available for non-legally residing third country nationals, with clear exceptions
for specific categories of patient cases and incidents. In particular, the circular
does not apply to recognized refugees, asylum seekers, third country nationals
under protection for humanitarian reasons and beneficiaries of subsidiary
protection. In April 2012 by Decision of the same Minister the control of
undocumented migrants and asylum seekers for infectious diseases was
established. Law 4070/2012 (GG 82/2012) included amendments of the art. 13
of the PD 114/2010 and art. 76 of Law 3386/2005, which provide for the
detention of illegal aliens who pose a risk to public health.
Concerning stricter anti-crime policy, according to an article published in a daily
newspaper 37, the General Secretariat of the Government announced, in
September 2012, that following Prime Minister’s directions, a draft regulation
will be forwarded to the competent Ministry of Justice, Transparency and
Human Rights, which will render illegal entry and / or stay in Greece an
aggravating circumstance for offenses when sentencing. Amnesty International
expressed its strong concern on this proposal, supporting that it establishes
discrimination on the basis of the immigration status of the person38.
Regarding the performance of Greece in the area of returns in 2012, there has
been an improvement in both voluntary and forced returns. In particular,
according to Greek Police, 11,586 returns as part of forced return measures
and 10,531 voluntary returns (of whom 6,324 were assisted voluntary returns
through the IOM) took place in 2012.39. Furthermore emphasis was given on
informing migrants about voluntary return programs implemented by either the
Hellenic Police or the International Organisation for Migration40.
35
http://www.mopocp.gov.gr/index.php?option=ozo_content&lang=&perform=view&id=4399&Itemid=559
36
The No. Y4a/oik. 45610/02-05-2012 the Ministry of Health on the implementation of the subject
arith.139491/06 CMD (GG 1747/V/30.11.06).
37
http://www.kathimerini.gr/4dcgi/_w_articles_kathremote_1_17/09/2012_461692
38
www.amnesty .org.gr , Public Statement, 20.9.2012, see below for details
39
Reply to question n. 5853/2013 of MP Christos Pappas during Parliamentary scrutiny
40
http://www.yptp.gr/asylo.php?option=ozo_content&perform=view&id=3474&Itemid=465&lang=EN
22
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