Within this special competence, the independent authority carries out checks on sample
operations at all stages of the process following a return decision against a third-country
national and in particular:
- the possible administrative detention of a returnee to guarantee removal;
- the execution of police removal operations by land, sea or air.
The results of these individual external inspections are sent to the administration, together
with the Ombudsman’s comments and recommendations, and are published in an annual
report which is presented to the Hellenic Parliament.
The staff who make up the monitoring team of The Greek Ombudsman is widely trained and
prepared to effectively carry out the task of checking the legality and legitimacy of the
operations, omissions and practices put in place by the public security authorities.
Inspections are constantly carried out in detention centres, with free access to each area of the
place of detention, departure or transit. 23
During these operations, the absence of interpreters able to communicate with the returnees
and provide information on their rights, give notice of the repatriation and the possibility of
filing complaints or requests regarding their legal status has often been underlined.
The Greek Ombudsman has repeatedly denounced the phenomenon of detention of thirdcountry nationals in the centres for reasons of public order, which occurs without verifying
actual reasons for the use of these restrictive measures of personal liberty, despite the fact that
detention of third-country citizens residing illegally is administrative detention. 24
It should also be recalled that — at European level — Greece is one of the most affected
countries in terms of flows of people arriving from outside the EU, due to its geographical
position and proximity to the Turkish border.
In 2016, two important decisions taken at European level determined the increase and
implementation of control and management measures for migratory flows of third-country
nationals residing illegally and/or asylum seekers in the country: on the one hand, the
establishment of the so-called hotspots in 5 Aegean islands, after the closure of the so-called
“Corridor” of the eastern Balkans; on the other, the signing of the Readmission Agreement with
Turkey on 18/03/2016.
It is also for these reasons that, after the entry into force of EU regulation 2016/1624 for the
conversion of FRONTEX into a European coastguard agency and for the strengthening of its
competences in the management of external borders, The Greek Ombudsman was invited, as a
national mechanism for the protection of rights, to collaborate with the recently established
European reporting mechanism of FRONTEX, as well as to appoint investigators for the
establishment of an EU pool of monitors to participate in European return operations.
In particular, violations were found regarding conditions in some detention centres (e.g. the Aliens Police
Division of Thessaloniki) such as returnees not being allowed to access open air areas, in general conditions not
in line with required standards.
24 On this point, it is worth recalling the judgment of the European Court of Human Rights - Saadi vs United
Kingdom, 2008, n. 13229/2003, paragraph 78.
23
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