35 5.-Refoulements Besides the contents of the chapter on mistreatment, in relation to the refoulements (par.138-45), please be also advised of the following: Paragraphs 136-145 of the Report describe the testimonies of immigrants who allegedly suffered unofficial violent sending backs (refoulements) to Turkey, not in compliance with the legal procedures. A reference is also made to incidents of violence and serious violations of human rights (beatings, thefts, lack of food, etc) as well as incidents according to which the access of refugees and immigrants to the asylum mechanism was blocked. Besides the Hellenic police Authorities, pars-military are allegedly involved in the acts of violation. In relation to the charges, it is reminded that the Direction of Border Protection/HPH works towards the protection and promotion of the fundamental rights in the borders. Within the Joint Operations of Frontex, in conjunction with that objective, it supervises the police Services throughout the country and investigates in detail any incidents that are brought to their notice and raise suspicions of disciplinary offences. It is noted that the reported behaviours and practices do not exist as an operational activity and practice of the staff of the Border Guard Services at all, which is mainly involved in actions to deal with the effect of illegal immigration in the greek-turkish borders. The operational activity applied to prevent the entrance of immigrants into our country focuses on their location within the Turkish territory by using material means, while they move and approach the Evros river, and then on preventing them from crossing it, by using both lighting and sound signals on the Greek bank of the river, and the immediate arrival at the approaching point of floating patrols deployment. The respective Turkish Authorities are directly notified, in order to prevent the immigrants from entering the Greek territory. The action described above is fully legal and provided for by the Greek legislation, and it is imposed by the Schengen Border Code as well as the greek-turkish borders are also external borders of the Unified Schengen Space. The operational action and practice followed in the cases of arrest of non-legal immigrants consists in their transfer to the Border Guard Services, in the formation of criminal legal file and in their transfer, after the end of the criminal procedure, to the Reception and Identification Centre (K.Y.T.) of Filakio Orestiada, for their further management according to the Greek legislation. At the time of their arrest, their personal objects e.g. cell phones are recorded directly for each arrested person in a separate form, and these are delivered to them at the time of their departure from the detention areas. The detainees are served, in a language they understand, with information notes about their rights, whilst they are given the right to communicate on the phone with their relatives, lawyers, Consulates, Non-Governmental Organisations (NGOs) or other Organisations. During the above procedures, their rights are fully respected and their life and dignity is safeguarded.

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