A/HRC/16/52/Add.4 82. The Special Rapporteur is concerned about the broad powers of the police to hold persons in administrative detention. The police practices he observed resulted in the systematic detention of irregular migrants and refugees without a sufficient legal basis. 83. The asylum procedure has collapsed and refugees are denied access to any meaningful refugee-determination procedure. This puts them at a serious risk of refoulement, aggravated by the Readmission Agreement with Turkey allowing for the forcible return of aliens to the Islamic Republic of Iran, Iraq and the Syrian Arab Republic. 84. The dysfunctional migration and asylum system has had a direct and negative impact on the criminal justice system, resulting in severe overcrowding, prolonged detention and unsanitary conditions in police lock-ups, border guard stations, migration detention centres and prisons. 85. Addressing the problems will not only require political will but resources and it is very uncertain that Greece has the financial means to effect the changes it wishes to make. Although the Government maintains that addressing the problem of irregular migration is a priority, there have been serious delays to enact new legislation. 86. Greece should not carry the burden of receiving the vast majority of all irregular migrants and refugees entering the European Union. This is a truly European problem which needs a joint European solution, and not only a reinforcement of the European borders through Frontex. This measure is effective only if irregular migrants and refugees are properly identified in accordance with fundamental rights and human dignity. 87. The Special Rapporteur did not find widespread use of torture. However, he found many cases of beatings by the police, upon arrest or detention or as a form of punishment, some of which amounted to torture in the sense of the Convention Against Torture definition. The lack of an effective independent complaints mechanism gave rise to an atmosphere of impunity. His overwhelming concern, however, is in regard to inhuman and degrading conditions of detention that do not comply with international minimum standards for the humane treatment of detainees. B. Recommendations 88. In a spirit of cooperation and partnership, the Special Rapporteur makes the following recommendations to the Government of Greece, aimed at preventing torture and ill-treatment and improving conditions of detention. He is assured that every effort will be taken to implement his recommendations and stands ready to offer his full cooperation and assistance in this regard. The Special Rapporteur recommends: 1. To the Government of Greece: Refugee and migration system (a) To promptly enact new legislation based on the Government’s adoption of the “Greek Action Plan on Migration Management”; (b) To continue to work in close consultation with UNCHR so that its asylum system is in line with international standards; (c) To undertake measures so that the police, currently under the Ministry of Citizen’s Protection, shall no longer have responsibility for the refugee status determination procedure; 20