-
To promptly inform the foreign nationals to be returned of their departure: an
interpreter must also be present at all stages prior to departure;
To provide returnees with a medical certificate stating they are fit to travel.
Readmission operations to Turkey
The Greek Ombudsman proposed an external control mechanism for readmission operations to
Turkey, in the belief that this constitutes a fundamental guarantee of the respect of fundamental
rights, especially following the joint EU-Turkey declaration of 18 March 2016. 29
The picture that emerged at the Greek maritime border is certainly unique at European level,
both for the reception and asylum application procedures and for the fundamental rights of
people who remain, in practice, subject to geographical restrictions on 5 islands, until the final
rejection of any asylum request, and often in conditions of overcrowding which entail risks for
their safety and well-being. 30
Readmissions to Turkey highlighted the main problems already mentioned above regarding
other return operations in 2018:
- Lack of timely communication to returnees regarding the implementation of the
readmission operation.
- Absence of medical files and certification stating returnees are fit to travel.
- Lack of individualized assessment regarding the use of coercive measures.
In particular, the observation of operations by sea with departure from the Island of Lesbos
shows that returnees are subjected to long-standing and generalized restrictive practices,
including the use of velcro handcuffs in place until boarding the ship. 31
An important malfunction in the implementation of these operations was also observed, in
particular with reference to procedures for detainees to request asylum, which causes lack of
legal certainty. 32
Unfortunately, the implementation of the recent Law 4540/18 has not met the need for a rapid
solution to effectively allow the request for international protection to be proposed to
returnees who add new substantive reasons and/or request exemption from refoulement at the
border, pursuant to Law 4375/16, for reasons of vulnerability.
The Greek Ombudsman proposes the modification of Law 4540/18 to allow a higher degree of
legal certainty as regards subsequent applications for asylum and the suspension of removals.
It should be stressed that the Hellenic police remains committed to the Ombudsman for the
purpose of excluding readmission of third country nationals to Turkey when a request for
temporary residence authorization is pending before the administrative courts.
Return of third country nationals - Special report 2018 p. 24 and ff. The Greek Ombudsman.
Readmission is an extraordinary procedure based on Article 2 of the Return Directive, to which fundamental
guarantees of fundamental rights apply - Return of third country nationals - Special report 2018 of The Greek
Ombudsman.
31 The Greek Ombudsman notes that velcro handcuffs are a better tool than metal handcuffs and looks forward to
the Hellenic police’s commitment to reform the regulatory framework governing containment in general - Special
report 2018 of The Greek Ombudsman.
32 On this point, it should be noted that the failure to complete the official dossier accompanying the detainees
does not depend only on the police office of origin, but also on the information of the corresponding regional office
for asylum in Greece.
29
30
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents