2.7. Ill-treatment
2.9. Bypassing the Dublin Procedure
Many persons who arrived at the port of Ancona
and were later on interviewed by the team,
reported that they had been ill-treated by the Italian
authorities during the readmission procedure.
Among the alleged victims of violence, there were
also unaccompanied minors. They described being
pulled by the officers, slapped, punched and kicked
in the police station where they were taken in
order to be fingerprinted, on their way back to the
ship and/or inside the provisional detention places
of the ship.
Dublin II obliges the responsible Member
State to “examine the application of any third
country national who applies at the border or
in their territory” following the determination
of responsibility through application of the
Regulation’s criteria.
One unaccompanied minor told us, that the Italian
authorities on board of the ship beat him, then
forced him to run in circles around himself and
finally ordered him to take of his clothes. Then the
officers pulled his boxer shorts up to his belly and
forced him to run in circles around himself again.
According to the ECHtR (Grand Chamber) ruling
MSS v. Greece and Belgium, every state member is
obliged to verify if the country of return complies,
in practice, with its obligations in asylum matters.31
Belgium was convicted by ECHtR for violation of
article 3 and 13 (return to a country which lacks
of an effective asylum system in practice), article
3 (exposure to degrading detention and living
conditions) and article 3 (lack an effective remedy
against arbitrary removal) in the case of an Afghan
asylum seeker, who was returned by the Belgian
authorities back to Greece.
2.8. Detention conditions on board
In Nsv. SSHD and ME v. ORAC the CJEU held that the
Member States could not transfer individuals to
another EU Member State, where the asylum seeker
In almost all of the cases, the ship companies could face violation of the articel 4 of the European
provide for a cabin used as a temporary detention Charter of Fundamental Rights (prohibition of
cell for those to be readmitted. In other cases torture).32 It noted, that the member states cannot
people are kept in metal storage rooms, subjected be “unaware” of the systemic deficiencies in the
to extreme weather conditions during winter and asylum procedure and the reception conditions in
summer. These rooms were described to us as Greece and thus Ireland and UK are obliged not to
dirty and inappropriate. On one ship, where those return asylum seekers in Greece, but examine their
apprehended are kept in a storage room of the claims.
garage, an NGO member confirmed to us that this
place is so filthy that you cannot even approach
it. The readmitted persons are not always offered
food and water or have access the toilet. In most After the above-mentioned decisions a number
of the cases, they were given a sandwich and a of member states - among them Italy - halted
bottle of water. In some rare cases orange juice returning asylum seekers to Greece.
was given to them. When detained in a ship cabin,
they usually have to drink water from the toilet.
Sometimes they had to urinate in plastic bottles. According to official statistics provided by the
In one case, while waiting to be deported, they Greek Ministry of Citizen Protection and Public
were locked up on board for more than two days
31
M.S.S. v. Belgium and Greece, Application no.
before the ship’s departure, without being able to 30696/09, Council of Europe: European Court of Human Rights, 21
contact anyone (no lawyers, no NGOs, etc) during January 2011, available at: http://www.unhcr.org/refworld/
docid/4d39bc7f2.html
that time.
32
In Nsv. SSHD and ME v. ORAC the CJEU http://www.
airecentre.org/news.php/35/press-release-n.s.-v-secretary-of-statefor-the-home-department-case-c-41110-and-m.e.-others-v-orac-
13
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