A/HRC/35/25/Add.2
24.
While the Special Rapporteur recognizes that the introduction of new laws and
amendments to existing legislation allowed for a quick solution to pressing issues, he urges
the Greek authorities to harmonize the laws governing migration and asylum under one
single act.
2.
National policies and institutions
25.
Under the Greek Action Plan (2010-2014), three new administrative services
independent from the Hellenic Police have been established: the First Reception Service,
the Appeals Authority and the Greek Asylum Service.
26.
The Ministry of Migration Policy was established by Presidential Decree 123/2016
(National Gazette 208/A/2016) and oversees the Appeals Authority and the Greek Asylum
Service. Furthermore, Law 4375/2016 establishes the Reception and Identification Service,
as an autonomous directorate, to replace the First Reception Service within the Ministry of
the Interior and Administrative Reconstruction. The Reception and Identification Service is
under the mandate of the General Secretariat for Reception.
27.
The Hellenic Police and border guards, under the Alternate Ministry of Public Order
and Citizen Protection, remain responsible for the surveillance of land borders. The
Hellenic Police is responsible for the detention of migrants in pre-removal detention
facilities and for returns. The Hellenic Coast Guard is responsible for the surveillance of sea
borders and for search and rescue at sea.
C.
1.
Border management
Greece and the European Union: regional influence on national laws, policies and
institutions in the sphere of migration management and border control
“Hotspot approach”
28.
In response to the unprecedented numbers of migrants arriving in Europe irregularly,
the European Agenda on Migration introduced the “hotspot approach” as the model of
operational support for European Union frontline States. The European Union Regional
Task Force coordinates actions of Member States and relevant European Union agencies,
such as the European Asylum Support Office, Frontex and Europol, with the aim of swiftly
identifying, registering and fingerprinting arriving migrants. Asylum applicants are referred
to the national asylum procedure, where European Asylum Support Office teams support
national authorities. Migrants who do not apply for asylum or whose application is rejected
are returned with the support of Frontex. Europol and Eurojust assist the host Member State
with investigations on smuggling and trafficking networks. In order to guarantee human
rights protection at all steps of the process in the hotspots, the Special Rapporteur
encourages incorporation of the European Union Agency for Fundamental Rights as an
integral part of the European Union Regional Task Force.
The European Union-Turkey statement
29.
On 18 March 2016, the European Union and Turkey decided that all new irregular
migrants crossing from Turkey to the Greek islands after 20 March 2016 would be returned
to Turkey. They explicitly stated that Turkey would be either a “first country of asylum” or
a “safe third country”, and that for every Syrian returned to Turkey from the Greek islands,
another Syrian would be resettled in the European Union. Simultaneously, Turkey would
take any necessary measures to prevent new sea or land routes for irregular migration from
opening from Turkey to the European Union.
30.
The Special Rapporteur was informed that all returns from Greece to Turkey before
1 June 2016 would be carried out under the Greece-Turkey readmission protocol. From 1
June 2016, the European Union-Turkey Readmission Agreement provisions on readmission
of third-country nationals would be enforced.
31.
The Special Rapporteur is concerned that the European Union-Turkey statement
constitutes a political “deal” without mandatory value in international law. Its legal basis is
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