THE DUBLIN II TRAP TRANSFERS OF ASYLUM-SEEKERS TO GREECE 11 4. DUBLIN II RETURNS TO GREECE: DETENTION, REFUGEE STATUS DETERMINATION, AND RISK OF REFOULEMENT At present, the refugee status determination (RSD) system in Greece lacks the necessary procedural safeguards required by international law to ensure the correct identification of those in need of international protection, and to prevent violation of the principle of nonrefoulement (see further below under Expulsions and the principle of non-refoulement). However, despite these failings, Dublin II transfers continue to take place. In the first 10 months of 2009 there were 7,857 applications for transfers from EU member states to Greece, which agreed to take 2,770 people. A total of 995 transfers actually took place.34 Amnesty International’s research has shown that, after their return to Greece, individuals (consistent with the general treatment of asylum-seekers in Greece) face a range of human rights violations, rendering the inclusion of this country in the Dublin II system of transfers unacceptable at the present time. The following sections of the report will assess: the challenges asylum-seekers face upon return to Greece including detention; difficulties in gaining access to the asylum procedure, and to lawyers and interpreters; the lack of an independent and specialized decision-making authority; and the lack of thorough examinations of asylum claims, including the right to an effective appeal. The research findings confirm that Greece is currently in breach of its international obligations, which require that asylum-seekers be given access to a fair and satisfactory asylum system, with full procedural safeguards.35 4.1 DETENTION AT ATHENS AIRPORT REFUGEE CONVENTION Article 31 Refugees unlawfully in the country of refuge 1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence. Index: EUR 25/001/2010 Amnesty International March 2010