D. D
evelopments during
1st quarter of 2017
Until the completion of this report (March 2017), there
were critical developments in key parameters that compose
the picture of the refugee-migrant crisis during the 20152016 period. This chapter refers to the developments of
the first quarter of 2017, which change, in a positive or
negative direction, the situation or confirm the conclusions
of the previous chapters, in order to record and assess the
issue in a spherical manner.
1. Unaccompanied minors
There were no significant changes noted in the first three
months of 2017 regarding the treatment of unaccompanied
minors. The major problems, pertaining mainly to the
verification of minority, the detention conditions and the
lack of a legislative framework for the guardianship of
unaccompanied minors appear to remain open.
In particular, regarding the issue of verification of age, up to
this day, unfortunately219 minors continue to be discovered
among the population of adult detainees. The legislative
framework for guardianship has yet to be adopted, despite
the existence of a draft law by the co-competent ministries.
At the onset of 2017, a safe zone was put into operation
within the Open Temporary Accommodation Facility in
Elaionas, Attica, with the prospect of more such spaces.
Also, towards the closing of 2016, and during the first
month of 2017, the EHPA of Amygdaleza for minors was
shut down. Minors were transferred to shelters of the 2nd
Sector of the Detention Center (PROKEKA) of Amygdaleza,
where they remain under protective custody until their
placement in accommodation facilities.
2. Asylum applications
With decision No. 445/2017, the Supreme Administrative
219 The Greek Ombudsman received reports No. 223632/2017 and
223926/2017 from the Greek Council for Refugees NGO, regarding cases of
administratively detained minors, who, despite having declared that they are
minors, remained in detention as adults by the "Illegal immigration" Prosecution
Department of N. Karvali and in the PROKEKA of Xanthi, and had not been
immediately referred to the procedures for ascertaining their minority.
Court (Conseil d’ Etat) rejected the application of the first,
after the entry into force of the EU-Turkey Statement of
18.3.2016, Syrian appellant from Lesvos against the
rejection of his asylum application as inadmissible. The
Court stated that the law adopts the criteria of Directive
2013/32/EU (Article 38) on the concept of safe third
country for the examination of asylum applications. It
also finds that the change in the composition of the threemember Appeals Committees against rejections of asylum
applications with the participation of two administrative
judges does not oppose the Constitution, which prohibits the
assignment of administrative duties to active judges. The
Court decided in favour of the quasi-judicial function of the
Appeals Committees, which complies with the mandate of
the Directive (Article 46) for the right to an effective remedy
before a court or tribunal. The decision refers to the Plenary
Session of the Supreme Administrative Court due to the
major importance of the relevant issues. At an administrative
level however, this development is expected to significantly
affect the progress of many other decisions of the Appeals
Committees, as mentioned by the European Commission,220
noting the slow pace of decision-making (rejections at a ratio
of 150 to 1) up to December 2016.
3. Returns of third-country nationals
The new EU Regulation 2016/1624 on the conversion
of FRONTEX into a European Border and Coast Guard221
implements as of 7.1.2017 a European pool of monitors
to which Member States contribute for each European
operation for the return of third-country nationals. The
Greek Ombudsman, as a national mechanism for the external
monitoring of returns already participates with 8 members
in this pool. Also, FRONTEX addressed the Ombudsman as a
national mechanism for the protection of rights, activating
the provision of the Regulation (Article 72(4)) on the
complaints handling mechanism.
As of 2017, the new role and increased competences
of FRONTEX, in general present new challenges for the
external monitoring of returns/readmissions, which
the Greek Ombudsman is called upon to handle in an
institutional cooperation with every competent agency at
220 See pg. 6 https://ec.europa.eu/neighbourhood-enlargement/sites/near/
files/20161208-4th_report_on_the_progress_made_in_the_implementation_
of_the_eu-turkey_statement_en_0.pdf
221 http://data.consilium.europa.eu/doc/document/PE-29-2016-INIT/el/pdf
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