Copin
ng with a fundam
mental rights emeergency – The situ
uation of people crossing the Greeek border in an iirregular mannerr
Pro
ocessingg of irregular m
migrants
From
m a fundamental rights peerspective, a central goal of all processing arrangeements for arriving
a
persons is to enssure that no o
one is return
ned directly o
or indirectly tto territoriess where theyy face a
he right to life or
threat of persecution, a reeal risk of ttorture, arbiitrary deprivvation of th
27
parable harm
m.
irrep
Persons appreheended after crossing thee border aree brought to
o the competent police sstation
d and proceessed on th
he basis of Law 3386/2
2005 on thee entry
where they are interviewed
28
dence and so
ocial integration of third ccountry natio
onals.
resid
The process includes essentiially search and
a temporaary confiscattion of selectted personal items
ones), a brieef interview by the Helleenic police, a nationalityy screening, taking
(e.g. mobile pho
nd sending the
t (paper) file to the P
Police Directo
orate to preepare a
phottos and fingeerprints29, an
deteention and/or deportation
n decision.
Figu
ure 4: Proc
cessing perrsons appre
ehended crrossing the
e border irrregularly
Sourrce: FRA, 2011
27 UNHCR Protection Policy Paper “Maaritime interceptiion operations an
nd the processingg of international protection claimss: legal
sttandards and policy considerationss with respect to extraterritorial processing“, availaable at
htttp://www.unhcrr.org/refworld/category,POLICY,,,,44cd12d3a2,0.htm
ml.
28 Co
odification of legiislation on the en
ntry, residence an
nd social integration of third‐counttry nationals on G
Greek territory, Laaw
33
386/2005 (as ameended).
29 A procedure obserrved and timed byy the FRA during its visit. It was carried out by policce officers manually – no electronicc scan of
fin
ngerprints is available – and lasted
d approximately 220’ for two persons processed simultaneously. The reports are also h
hand
w
written and need tto be subsequenttly typed to a PC b
by police officers, as no civilian adm
ministrative staff is available. Evideently,
th
his does not indicate an optimal usse of the scarce police human reso
ources.
21