A/HRC/35/25/Add.2
movements and stresses that, whatever the actors, the focus should remain exclusively on
saving lives.
3.
Reception and identification process
39.
Migrants arriving on the Greek shore or rescued at sea are brought to the reception
and identification centres for the registration and identification process, fingerprinting, and
Eurodac registration conducted by the Greek police and assisted by Frontex.
40.
The Reception and Identification Service and the police conduct a first interview to
identify vulnerabilities. The European Asylum Support Office provides support in
identifying persons who wish to apply for asylum. It also provides information on the
relocation procedure and operational support to the Dublin Unit, and has provided
infrastructure in terms of office space and equipment, as well as hundreds of interpreters to
interpret from the languages of asylum seekers into English. Law 4399/2016 further enables
European Asylum Support Office officials to conduct interviews of applicants on the merits
in the context of the exceptional procedure applied at the border, with decisions taken by
the Greek Asylum Service.
41.
At arrival, Frontex also conducts debriefing interviews to gather intelligence on
smuggling and trafficking networks, following which Europol runs second-line checks to
identify possible smugglers and report them to the national authorities. The Special
Rapporteur strongly recommends that adequate safeguards be put in place in order to ensure
that these interviews take place on a strictly voluntary basis. Such interviews should not
take place upon arrival, as often migrants are traumatized from the journey and such
interviews may increase their fear of the authorities and lead them to hide protection needs,
abuse suffered or vulnerabilities experienced.
4.
Return
42.
The European Union has funded an emergency forced return programme under the
Asylum, Migration and Integration Fund, implemented by the Greek police. Frontex
supports building return capacities through screening, facilitating cooperation with
embassies, and coordinating detention and return flights.
43.
The European Union’s assisted voluntary return programme provides up to 1,000
migrants per year with the possibility of voluntarily returning to their countries of origin.
Since 2010, with funding by the European Return Fund and the Greek authorities, the
International Organization for Migration has implemented the assisted voluntary return of
third-country nationals to their country of origin. By 18 May 2016, the International
Organization for Migration had registered 3,024 migrants since the beginning of that year
who wished to return to their country of origin. 11
III. Detention practices and legislation
A.
Pre-removal detention centres
44.
According to Law 3907/2011, detention for third-country nationals for the purpose
of return is applied when there are no other adequate and less restrictive measures and
when: (a) there is a risk of absconding; or (b) the third-country national avoids or hampers
the preparation of return or the removal process; or (c) there are reasons of national
security. Law 3907/2011 allows for a maximum period of detention of 18 months.
45.
At the time of the visit, around 1,200 migrants were held in pre-removal detention
centres, in Petrou Ralli, Amygdaleza, Corinth, Xanthi, Paranesti and several police stations
across the country.
11
See www.iom.int/sites/default/files/situation_reports/file/Europe-Med-Migration-ResponseSitrep21-19May.pdf.
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