6
2. Evros in the context of Greek and European Migration Policy (2010-2011)
In the context of the Greek asylum reform the transitional
Presidential Decree 114/2010 on asylum determination
procedures entered into force (until the establishment
of the new asylum service).11 It reintroduced the Appeals
Board into the asylum procedure and other provisions,
dealing with the heavy backlog of a reportedly 47,000
pending asylum appeals.
In January 2011, the new Law 3907/2011 was passed.
It provided for the establishment of an Asylum Service and
a Service of First Reception, adapting the provisions of the
European Directive 2008/115/EC, concerning common
rules and procedures in Member States for the return of
illegally staying third-country nationals.
Until now no substantial change in the asylum procedure
took place. Neither the Asylum Service nor the Service of
First Reception is yet in function. The asylum procedure
remains to be under the orders of the Ministry of Protection
of the Citizen – which basically means under the auspices
of the police – and is still dysfunctional and ineffective. The
access to international protection is restricted and in many
cases fully denied. Even in Athens the situation of accessing
asylum procedures has not improved at all. People in need
of international protection still cannot have access to the
building of the Aliens Police in Petrou Ralli Street and face
imminent danger of deportation back to the country of
origin, where their lives are in danger, or to a third country,
facing further violations. No identification procedure takes
place to protect vulnerable cases. Minors remainwithout
legal representation and protection. Asylum seekers have
no access to reception conditions or social support, facing
degrading living conditions. Given the deep financial crisis
and the cutting of wages and social rights, as well as the
rising percentage of unemployed, surviving in Greece
becomes ever more difficult. The detention conditions in
Greece continue to lack basic safeguards and violate the
essence of human dignity itself.
In a public statement Mr. Papoutsis announced that
since February 2011 and until the end of July 2011, when
the Appeal Boards established by the PD 114/2010 became operational, 848 appeals from the backlog had been
examined together with another 411 new appeals in-
11 The decree retained the police as the competent authority for
the initial examination of asylum claims;
See: http://www.yptp.gr/asylo.php?option=ozo_content&
perform=view&id=3474&Itemid=465&lang=
12 http://www.minocp.gov.gr/index.php?option=ozo_content
&perform=view&id=3790&Itemid=513&lang=
13 In 2002 the Foreign Ministers of Greece and Turkey signed a
creasing the recognition rate to an impressive 12,35 %
from less than 1 % in the previous years.12 This is obviously
an improvement. The Minster however, never mentions the
statistic trick, that among this 12,35% are people (basically
originating from Iraq, Iran and Afghanistan) whose claims
were pending over the last 10 years and it was easy to
predict, that they were in need of international protection
according to the Geneva Convention, the Directive or due
to the long lasting residence in Greece.
It is obvious that so far, there have been no substantial
improvements in the asylum procedure and in the detention or reception conditions in Greece and there is no
protection for those in need. The deep economical and
social crisis affects the asylum reform program in a negative
way and further deteriorates the lives of the people.
2.2 The humanitarian crisis in Evros
and the military response
The developments in Evros region are paradigmatic to
understand the direction taken by the Greek government
in its migration policy.
While the percentage of border crossings through the
Evros region was on the rise, the Greek government held
meetings with its Turkish counterparts in order to strengthen and improve cooperation in border management and
to better implement the bilateral Readmission Protocol.13
In the following months deportations to the countries
of origin and readmissions to Turkey were systematically
increased. In a second step during summer when the
number of arrivals reached a peak, the government decided a policy shift on the local level, in order to stem the
flow of irregular migrants in the Evros region, by adopting
measures discouraging border crossing, such as extended
detention periods of those whose deportation is feasible
and of asylum seekers. The consequence of these local
policies were overcrowded detention centres, further
deteriorating the already inhuman and degrading detention conditions as well as multiple human rights violations
upon the very first step into Greek, thus, European
territory.
Readmission Protocol on the detailed co-operation procedures between the Ministry of Public Order, in Greece, and the
Interior Ministry, in Turkey, for the readmission of citizens of
either country or of a third country, who enter either country
unlawfully pursuant on the »Agreement to combat crime and
especially terrorism, organised crime, illicit drug trafficking
and illegal migration« signed in 2001.