Α. Administrative
procedures
and problems
head of the open Temporary Reception or Accommodation
Facilities or to the appropriate social support or protection
agency to which they are referred. In any case, the
continuation of any medical treatment in the cases where
such is required is ensured. The persons belonging to
vulnerable groups may remain at the RICs, in special areas,
until the completion of the procedures of Article 9 of Law
4375/2016, without prejudice to the deadlines of Article
14(2) of the same law. The Reception and Identification
services take special care to refer families with children
under 14 years old, in particular toddlers and infants and to
meet their particular needs.
Also, according to Article 14(2) of Law 4375/2016 there
is provision with regard to persons who belong to vulnerable
groups, that the Director of the Reception and Identification
Center at the country’s borders, due to emergency needs
because of the increase of the arrivals or for the appropriate completion of these procedures, and in particular with
regard to persons belonging to vulnerable groups, may by
a decision refer a third-country national or stateless person
to a RIC on the mainland or stipulate the stay in other appropriate facilities for the continuation and completion of the
reception and identification procedure. The same decision
regulates the details of the transportation of third-country
nationals or stateless persons between the Regional Services of the Reception and Identification Service.
The Greek Ombudsman has highlighted the need to improve the
identification and care procedure
for vulnerable groups37 with recommendations and a public intervention for the problems in the procedures of first reception and
identification of vulnerable groups during 2015, inviting the
competent authorities to operate RICs following the procedures and standards stipulated by Law 3907/2011.38
2.2. Actions recommendations
by the Greek
Ombudsman
More specifically, the Greek Ombudsman considers that in
each case the State must ensure the safety of the persons
and assure their fundamental rights for access to asylum,
temporary accommodation,provision of food, water and ba37 Greek Ombudsman document dated 23 July 2015 with Ref. No.
202782/28669/2015 SUBJECT: Findings and recommendations of the Greek
Ombudsman after visiting detention and reception facilities and competent
services for the irregular entry of third-country nationals on the islands of Lesvos,
Kos and Leros, on 16-17/6/2015 and 24-25/6/2015 (http://www.synigoros.
gr/?i=human-rights.el.danews.296571).
38 See also Annual Report 2015, pg. 34.
22
sic clothing items, medical care, information on the rights
and procedures, as well as the protection of those persons
belonging to vulnerable groups, such as families, pregnant
women, children and unaccompanied minors, human trafficking, abuse or torture victims, the elderly, persons with
disability, etc.
The Greek Ombudsman had in particular noted that the then
applicable laws were not complied with, which provided that
the First Reception Centers are the first stage from which all
migrants irregularly entering the country go through for the
screening process, to identify whether they belong to a vulnerable group. Staffed expediently from available sources,
by officers from the Coast Guard or the Hellenic Police, the
First Reception services that belonged to the competence
of the Deputy Minister of Interior at the time and currently
the Minister of Migration Policy, it was ascertained that they
were at risk of becoming dead letter. The dispersion of the
competences in 2015 among services that belonged to different institutions (the former Ministries of Public Order,
Maritime and Interior as regards the Migration competence),
it appears that it created an even greater lack of coordination at local level.
As already mentioned during the next months of 2015 arrivals to the islands took on explosive dimensions, and the
State took certain measures during August and September
in the direction of the Ombudsman’s recommendations,
among which we should note as quite positive steps, the
reinforcement with staff and identification devices by the
police on the islands in September for the fast registration
of the new arrivals and the organisation of temporary accommodation facilities in Elaionas (Athens) in cooperation
with the Ministry of Interior - Division of Migration Policy
with the Municipality of Athens. However, there was no permanent facility created, namely a First Reception Center on
the islands or Athens, but the First Reception Center wing
that had been constructed and remained closed for months
in Moria, Lesvos, opened in March 2016, without being sufficient for the screening, according to Law 3907/2011, of
all newcomers on the island. Therefore, many of the above
recommendations made by the Ombudsman remain valid.
The Ombudsman had then noted the need to protect the
substance of first reception, namely the elementary care
for basic needs (food, housing, medical care) of the new arrivals, the provision of information about their rights and
the protection of those belonging to vulnerable groups. A
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