Hellenic Police’s obligation was activated for the provision
of statistics on the execution of returns and informing the
Ombudsman on the scheduling of the relevant removal
operations by the country’s police divisions. The Ombudsman
considers that already the regular submission of data from
across the country to the independent authority, and the
publication of statistics by the Hellenic Police on issues
pertaining to the irregular migrants (arrests, deportations,
etc.) on its website, are important steps towards the
transparency of the administrative actions.
The data submitted however showed that 7 out of 10 returning individuals in 2015 were Albanian citizens, and that
year the Ombudsman scheduled sample checks of removal
operations by land presenting characteristics of a group deportation to Albania. Individual recommendations (e.g. supply of first aid kits) were accepted by the Hellenic Police,
however others are still pending because they require the
restructuring of detainee transfers by land. A major problem
is that the police transfer vans that are used are configured
as cells, which are particularly narrow, dark, with seats that
are unsuitable for long travelling (e.g. from Athens to the Albanian borders or to Evros). The Ombudsman’s recommendation is that the use of tourist buses should be evaluated
from an operational aspect, in order to conduct the return
operation by land in a vehicle that is appropriate for long
travelling.
The Greek Ombudsman notes the State’s administrative
failure to complete the charter flight tender, and to generally
finance the forced returns system since 1.7.2015, by
the now unified Asylum, Migration and Integration Fund
(AMIF) for the object of returns, based on the national
program that was approved in the summer of 2015 by
the European Commission.121 Regulatory changes were
made for the management of the programme122 and there
were subsequent administrative delays up to 2016.123 In
practice, the Hellenic Police, due to the failure to conduct
charter flights for returns by air, participates in Joint
European Operations by air organised by the Member States
and coordinated by FRONTEX.
Since December 2015 when the Ombudsman started participating in Joint European Operations and throughout
2016,124 the issues that emerge do not change:
As regards pre-removal procedures, immediate measures
are required, for a) the timely provision of information to
the third-country nationals regarding the removal operation
and its separate elements; b) their convenient and timely
access to telephone communication means in order to be
able to notify their family, and c) the coordinated, timely and
complete provision of suitable meals and water.
The Ombudsman requests that the foreigners to be returned
are not restrained with handcuffs or other means, unless this
is necessary and adequate, and with special justification. It
also requests that measures be taken to protect the dignity
of the third-country nationals to be returned, and specifically
from photographing etc., by journalists, especially in public
areas, and in any case without their prior express consent.
The most important issue of the above, which is a constant
operational need in every forced removal operation, as
explained below, is that the third-country nationals are
literally informed at the last minute that they will be returning
(before they enter the aeroplane or the boat or after they
reach their destination in certain cases of land transfer).
5.2. The pressure The explosion of mixed flows in
2015, and the difficulties in the
to accelerate
implementation of the European
readmissions
122 The establishment of the Ministry of Interior and Administrative
Reconstruction, with PD 24/2015, followed six months later, the establishment
of a competent authority at the Ministry of Interior and the appointment of
executive authorities for the management of AMIF with Article 9(6) et seq. of Law
4332/2015, and after that, under its authorisation, various ensuing regulatory
acts. Legislative amendments followed with Law 4375/2016, Article 76 et seq.
and Law 4403/2016, Article 65(1).
Commission action plan for the
reception and relocation of asylum seekers in principle, and
also for the implementation of an effective forced returns
system for the other populations, also mark the
developments in the management of the returns in 2016.
The adoption of the EU-Turkey Statement of 18 March was
accompanied by the activation of the procedure for the
readmission into Turkey of third-country nationals who
irregularly entered Greece from the sea borders. This is an
exceptional procedure, based on Article 2 of the Directive,
where the basic guarantees of the fundamental rights are
123 Call for proposals by the Managing Authority (European and Development
Programs Division/Ministry of Interior - Citizen Protection Sector) http://www.
minocp.gov.gr/index.php?option=ozo_content&perform=view&id=5697&Itemi
d=533&lang=GR for forced returns of the Hellenic Police 3-2-2016, and for the
external monitoring of returns 21.10.2016.
124 In 2016, the Ombudsman was present in 11 Joint Operations for the Return
by air of foreign nationals to Pakistan and Georgia, coordinated by FRONTEX. This
number constitutes 55% of the operations in which the Hellenic Police participated
or which it organised that year.
121 Decision C(2015) 5313 of 31.07.2015
37
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