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mandate of authority designated as external control mechanism, at all phases of forced
return, are exercised internally, employing only staff members in force on the dedicated
team, as human rights observers. Colleagues from the institutions of the Guarantor
Authorities of other Member States were occasionally asked to participate as observers.
The monitors of The Greek Ombudsman’s human rights team use a pre-compiled model
and an internally developed checklist. All the information collected, the observations
and suggestions as well as the results of the monitoring are included in a report that the
monitor signs and presents to the Ombudsman after the operation, in which the
different phases of the monitored operations are clearly indicated.
The Greek Ombudsman has never involved the press in the operations that are
monitored. The results and recommendations made following participation in a forced
return operation, however, receive publicity through the specific report on returns
which is published annually. The report is presented to Parliament and presented to the
public in a special conference held by the Ombudsman every year. If the Ombudsman
considers that something (issues, recommendations, etc.) should be publicized
separately, it can choose to ask for the involvement of the press and, in general, to raise
public awareness.
The Annual Report and the specific Report on forced returns to third countries 2018
In its latest report, as a national control mechanism on forced returns, The Greek Ombudsman
underlines how return operations carried out by the police present some malfunctions that
affect the procedures regulating application for international protection, often caused by the
lack of fully interconnected data sharing systems.
The Report also highlights the importance of the role of transparency and the protection of
fundamental rights in planning an effective return system at European level, on which The
Greek Ombudsman has repeatedly expressed its concerns. 27 Last but not least, The Greek
Ombudsman’s initiative for networking with its counterparts from other Member States and the
Council of Europe aims to ensure transparency and independent external monitoring of
European forced return operations by FRONTEX, in view of the modification of the EU
regulation on the matter.
Main reports and consequent recommendations made to the Greek administration, during
2018:
- To provide appropriate documentation to examine the returnees’ files on the spot, also
with reference to applications for temporary residence permit, preventing any
circumvention of the provision of Article 19 of the Immigration Code, which grants the
applicant a temporary residence permit under specific requirements;
- To provide food and water before the flight or in general before the transfer, and provide
suitable vehicles, e.g. tourist buses, for transportation from the detention centre to the
airport;
- To purchase and make available to escorts modern and adequate transport vehicles for
repatriation by land, equipped with toilets, air conditioning, heating and sufficient
space; 28
Annual Report 2018 – p. 36 – The Greek Ombudsman and Return of third country nationals - Special report 2018p. 12 and ff. - The Greek Ombudsman
28 The Hellenic police has responded on this point, announcing that they have planned to purchase modern means
of transport. The Greek Ombudsman is awaiting the implementation of this provision.
27
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