The study was implemented by the Institute of International Relations (IIR) of Panteion University

of Social and Political Studies

Authors of the study:

Maria Daniella Marouda, Assistant Professor, International and European Studies, Panteion

University, Member of the Naturalization Commission, Decentralized Administration of

Crete.

Dr. Vasiliki Saranti, Adjunct Lecturer, Hellenic Military Academy, Part-time Lecturer,

National Police Academy

Dr. Eleni Koutsouraki, Université Paris II, Panthéon Assas – Panteion University.

Maria Rossidi, Phd Candidate, Panteion University

The authors wish to thank for their valuable comments and remarks the members of the evaluation

team of the Unit for Migration Policy of the Ministry of the Interior, rapporteurs: Mrs. Maria

Tzortzaki, Mr. Michail Kosmidis, MSc, Acting Head of Immigration Policy Unit, and Mrs. Fani

Keramida.

The authors wish also to thank for her support the official of the Department of Migration Policy of

the Ministry of the Interior Mrs. Eleni Siopi.

2

The European Migration Network (EMN) was established in 2003, originally as a preparatory

action of the European Commission, with the aim of providing the European Commission and the

Member States with objective, reliable, comparable and up-to-date data on migration and asylum, to

build policymaking in the European Union and hence their national policies in these areas.

Subsequently, the Council of the EU in 2008, with the No. 381/2008/EK Judgment founded the

EMN, as permanent structure that will operate within the European Commission, with the

participation of member states in order achieve these goals.

More information on the EMN and its work can be found on the website http://emn.intrasoft-

intl.com/html/index.html or on the Greek website http://emn.ypes.gr

Contact data with the Greek Focal Point of the European Migration Network:

Ministry of Interior

Secretariat for Population and Social Cohesion

General Directorate for Migration Policy

Directorate of Immigration Policy

Department of Immigration Policy

Evangelistrias 2

105 63 Athens

Tel. 0030 213 136 1308

Email: emn@ypes.gr

© 2013, Ministry of Interior. All rights reserved.

This study was conducted with the financial support of the European Union and the Ministry of

Interior within the scope the European Migration Network. The research contents are of the sole

responsibility of the author. In any case, the European Union and the Ministry of the Interior cannot

be held liable for any use of the information made by third parties.

3

ANNUAL REPORT 2013

ON MIGRATION AND ASYLUM POLICY

IN GREECE

4

Table of Contents

EXECUTIVE SUMMARY

1. INTRODUCTION

1.1 Structure of Asylum and Migration policy

2. OVERVIEW OF ASYLUM AND MIGRATION POLICY DEVELOPMENTS

2.1 Political developments

2.2 Overall developments in asylum and migration

3. LEGAL MIGRATION AND MOBILITY (5-10 pages))

3.1 Promoting legal migration

3.1.1 Students and Researchers

3.1.2 Other legal migration

3.2 Economic migration

3.3 Family Reunification

3.4 Integration

3.4.1 Citizenship and Naturalisation

3.5 Managing migration and mobility

3.5.1 Visa Policy and Schengen Governance

3.5.2 Border Monitoring

3.5.3 Frontex

4. INTERNATIONAL PROTECTION INCLUDING ASYLUM

4.1 International protection procedures

4.2 Reception of applicants for international protection

4.3 Integration of asylum applicants and persons with international protection status

4.4 Measures to implement aspects of the CEAS

5. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS

5.1 Unaccompanied Minors

5.2 Other Vulnerable Groups

6. ACTIONS ADDRESSING TRAFFICKING IN HUMAN BEINGS

5

7. MIGRATION AND DEVELOPMENT POLICY

8. IRREGULAR MIGRATION

9. RETURN

10. IMPLEMENTATION OF EU LEGISLATION

11. OTHER RELEVANT NATIONAL POLICY DEVELOPMENT IN THE FIELD OF

MIGRATION AND ASYLUM

ANNEXES:

Annex A: Methodology and Definitions

A1. Methodology

A2. Terms and Definitions

Annex B: National Statistics

Annex C: Bibliography

6

Executive Summary

This Annual Report is intended to present the developments that took place in 2013 in Greece in the

areas of immigration and asylum.Currently, in addition to designing, reviewing and adjusting its

immigration and asylum policy to deal with the problems and challenges emerging because of the

economic crisis and the large mixed immigration flows, Greece has launched the new services, the

Asylum Service and First Reception Service, applying two years later Law 3907/2011 that

transposes Directive 2008/115/EC on common standards and procedures in Member States for the

return of illegally staying third-country nationals and other provisions.

At the same time, Greece is trying to safeguard and enhance social cohesion through the integration

of third-country nationals legally residing in the country as economic immigrants or beneficiaries of

international protection, by having drawn up the National Strategy for the Integration of Third-

Country Nationals adopted in April 2013 and having completed the draft law for an “Immigration

and Social Inclusion Code”, now discussed by the Parliament‟s plenary session, having completed

the deliberation process in October 2013 .

Positive developments within 2013 would definitely include the fact that asylum system has been

institutionally and substantially modernised by the new Services. Typical is the fact that since the

Service was launched on 7 June 2013 to the end of January 2014, the Asylum Service had received

5,577 requests for asylums by aliens coming from 77 countries, while the biggest difference of the

new system –other than the speedier handling of the cases– is that rates for providing asylum status

have considerably risen: in first-instance, from June 2013 to January 2014, refugee status was

granted to 11.6% of asylum-seekers, while 5.2% received subsidiary protection; i.e. overall one to

six asylum-seekers –mainly originating in Afghanistan, Syria, Iran, Eritrea and Sudan– was granted

in 2013 the protection they were deprived of in their countries of origin, which they are entitled to

under international law. Note that respective percentage in 2012 was 0.9% –the lowest in the EU by

far. In the second half of 2013, the Regional Offices of the Asylum Services began their operations

–in Attica (on Katechaki street), in Northern and Southern Evros, Lesvos and Rhodes– while ad hoc

support teams have been examining applications filed by detainees in Thessalonica and in

Amygdaleza (Attiki) detention centre. The National Action Plan for asylum and immigrations

foresees that offices will run also on Samos, Chios, Heraclion and Patras within 20141.

From another viewpoint, as regards border control, the restructuring of the border control

authorities in Evros has undoubtedly contributed to the drastic containment of irregular entries to

Greece, although certain national practices or steps taken, such as the infamous “fence” was

questionable from a human rights aspect. Thus, border management to deal with illegal immigration

by the Ministry for Citizen Protection/Public Order, having invested in the past two years in the

protection of border and the control of entry/exit points aiming at preventing new immigration

flows, also with the support of European agencies, such as FRONTEX, have undoubtedly

contributed to a drastic containment of incoming flows. Coupled with the enhancement of return

procedures and the assisted voluntary return through the International Organisation for Migration

(IOM), they are a substantial linchpin of the Greek asylum and migration policy.

1 Staffing the Asylum Services is one more innovation as compared to previously. The 207 employees are in their

majority –particularly those conducting interviews and recommending the preliminary admission or rejection of a

request– holders of university (often post-graduate) diplomas in law, political sciences or humanitarian studies.

7

However, it has been estimated that the severe economic crisis that has hit our country was also

decisive in the reduced entries, considering that our country is not a preferred route of access to the

European Union in terms of security and temporary employment. In any case, as mentioned in the

last report by Frontex12, detections of illegal border-crossing along EU‟s external borders sharply

dropped by 49% due mainly to the enhanced surveillance of the land border in Evros; to be more

exact, arrests of illegal immigrants dropped from 141,051 in 2011 to 72,437 in 2012 and to just

39,759 in 20132.However, this impressive number does not rule out the contingency of such border-

crossings having been partially re-routed to less controlled access routes to the EU, such as the land

borders between Turkey and Bulgaria3.

The Directive on common standards and procedures for returning illegal immigrants4 is intended to

provide common norms as to the management of those third-country nationals that lack papers that

certify their legal residence or employment in the territory of the EU member states. The system

now applied in Greece, at a faster and more effective pace in 2013, promotes the alien‟s “co-

operation”, i.e. their (voluntary) return of third-country nationals to their countries of origin,

considering that the general rule followed is that those lacking a residence permit, for any reason

whatsoever, must return to their country of origin. Furthermore, the system establishes considerable

safety pins as regards the checks (administrative or judicial) of the legitimacy of detention for as

long as return procedures continue. The “forced removal” or expulsion, according to the Greek

laws, the administrative detention as long as return procedures continue, the alien‟s co-operation or

lack thereof, they all have a common denominator: the removal (Article 6, par. 4 of the Directive).

However, questions having to do with the arrest and provisional detention of immigrants waiting for

their return to their countries of origin are unquestionably one of the most difficult issues to be

addressed by the Greek authorities in the next period of time, considering that accumulating such a

large number of detainees for such a prolonged period does not allow for a basic standard of living,

or their humane treatment.

As regards the biggest problems evident within 2013, they seem to have to do with two categories

of third-country nationals that have been trapped in a status „on hold‟, a fact that only perpetuates

problems, putting more stress on Greek authorities. This includes the “victims” of crisis in Greece

on the one hand and the victims of crises in third countries where the majority of immigrants

originate, on the other: long-term residents that because of the crisis were not able to renew their

permit or those lacking legitimizing papers, but their long stay in Greece makes them a particular

category (protracted irregularity). This also includes third-country nationals from countries facing

humanitarian crises (in 2013, Syria, Mali, Central African Republic, South Sudan, Somalia) that are

impossible to remove (unremovables). In the first case, evidence shows that humanitarian status is

granted and in the second case, immigrants are not encouraged to make a request for asylum, but

are given a paper for 6-month suspension of their removal by the Greek authorities. This time frame

may be extended as long as the relevant conditions persist.

2 On the recent developments along all borders of the EU, see Frontex, Annual Risk Analysis 2013.

3 A. Takis, op. cit. p. 13

4 See Directive 2008/115/EC of the European Parliament and the Council of 16 December 2008.

8

The draft law “Migration and Social Inclusion Code”, for which deliberation process has been

completed and is now ready for review by the Parliament‟s plenary session attempts to address

certain aspects of the question at hand. In fact, the key legislative instrument used up to the moment

this Report was drafted was Law 3386/2005 on the entry, residence and social inclusion of third-

country nationals, as amended and applicable today; the draft law “Migration and Social Inclusion”

according to its Explanatory Report, gathers in a single document all law arrangements, presidential

decrees and regulatory decisions (ministerial and joint ministerial decisions) that concern

immigration laws in our country, transposes certain EU Directives5 and includes arrangements as

regards residence permits for work, for humanitarian reasons, for human trafficking victims, for

family reunification, including arrangements for residence permits of long-term staying third-

country nationals, residence permits for second-generation immigrants, “EU Blue Cards” for highly

qualified workers, while reference is also made to matters of social inclusion, codifying the existing

framework and simplifying procedures for the issuance and renewal of residence permits, work

issues etc. The long-expected preparation of this draft law6 is a necessary tool for the Greek

migration policy that to this date was based on a multi-level and partially inter-dependent

institutional context that has been subject to many changes, thus causing an excessive amount of

laws and complexity in the relevant procedures.

Recommended changes to the draft law, as highlighted by the deliberation process that was

completed in October 20137 include: speeding up the procedure by continuing the review for a

residence permit8,simplifying the procedure for granting and renewing certain residence permits for

humanitarian reasons, facilitating provision of residence permits to “long-term residents” under

Directive 2003/109/EC –considering that legal stay for twelve consecutive years will be “proof for

social inclusion” after the Code enters into force–, reducing financial obligations in view of the

economic crisis (fines, stamp duties), overriding former irregular stay in Greece as a barrier for

allowing family members already located in Greece to seek reunification, and reforming and

simplifying long-term residence permits for second-generation immigrants. The law keeps the

previous system of labour migration management with the invitation process (metaklisi) and the

biannual planning of labour market needs.

Unfortunately, as discussion that followed the deliberation process showed, the improved

provisions and procedure come late, considering that financial circumstances in the past years in

Greece have already caused many immigrants that could have been included in the status of “long-

5 Other than encoding the applicable laws, the Code also transposes Directive 2011/98/EU for a single permit for third-

country nationals.

6The drafting of the new law on the “Migration and Social Inclusion Code” begun in 2010, whereas the Drafting

Committtee was set up on April 2013

7 Among others, see Explanatory Report, ΑΓΑ: 04-02Κ0, and deliberation process from 17 to 29 October 2013 that

included 370 comments, at http://www.opengov.gr/ypes/?p=1943. See also comments by the Greek Ombudsman,

Remarks on the Draft Law ratifying the Migration and Social Inclusion Code, 18.11.2013, at

http://www.synigoros.gr/resources/paratiriseissxedionomou.pdf. Last, Hellenic League for Human Rights,

http://www.hlhr.gr/images/site/1014/1025_large/keimeno_tekmhrivshs_kvdikas_metanasteyshs2.pdf

8Ff the relevant authorities of the Ministry of Public Order and Protection of Citizen do not respond within the specified

timeframes in sending the opinion on the existence of reasons of public order and security for the issuance of a

decision granting a residence permit. The absence of a timely response does not preclude the issuance of a permit

(art. 6, c, 4)]

9

term residents” to lose the legitimacy of their stay, either due to the lack of a sufficient number of

social contributions or for lack of sufficient resources to maintain their family. The draft law does

provide for a solution to the problems or to “re-establishing legitimacy” for those that did not

manage to renew their residence permits after long-term legal stay in Greece within the context of

introducing transitional provisions, under certain circumstances. In fact, according to information

presented in the deliberation process, the number of residence permits in Greece in 2013 rises to

473,000 (from 600,000 in 2009), while outstanding issues are more than 130,0009.

Furthermore, issues not addressed by this draft law but will involve a separate legislative

arrangement in 2014 concern citizenship, after the developments that came after Decision 460/2013

by the Plenary Session of the Council of State that ruled that the provisions of Law 3838/2010, as

regards the acquired status of citizens by birth or for attending a Greek school for six years were

unconstitutional. The same Decision ruled that Articles 14 to 21 of Law 3838/2010 regarding long-

term residents‟ right to participate in the elections for primary Local Self-Government

Organisations were contrary to Articles 1, 5 and 102 of the Greek Constitution. This is a dismal

development that will have a negative effect on the unhindered inclusion of immigrants in the

Greek territory.

Finally, incidents of racist violence have been very alarming and have highlighted the need for

immediate transposition of Directive 2012/29/EU establishing minimum standards on the rights,

support and protection of victims of crime. The relevant law-drafting committee has been set up

since 8.2.2013, but has not yet completed its work, having extended its mandate until September

201410

. However, particularly for victims of racist violence, the Greek Ombudsman has pointed out

that Greece has not yet complied with Council Framework Decision 2008/913/JHA on combating

racism and xenophobia. Hence, this will be a priority in 2014.

1. INTRODUCTION

This Annual Report is intended to present the developments that took place in 2013 in Greece in the

areas of immigration and asylum. The 2013 Annual Policy Report is the tenth report submitted by

the National Contact Points of the European Migration Network (EMN). At the same time, the

report intends to become a document of reference on an annual basis also at a country level, both

for the agencies shaping policies and for Greek administration. To draft this report, we followed the

Specifications of EMN that, other than the „European Pact on Immigration and Asylum‟ and the

„Stockholm Programme‟, are also based on the priorities of the European Policy on Asylum and

Immigration as highlighted through the „EU Global Approach on Migration‟, the „EU Action on

Migratory Pressure‟, the „EU Strategy towards the eradication of trafficking in human beings‟, as

well as the „European Strategy for the Integration of Third-country Nationals‟. Therefore, the

Annual Report includes the measures planned or implemented under the National Plan on Asylum

9 The evidence given and references to the Migration Code were made during the discussion of a question submitted by

SYRIZA MP Nikos Voutsis, who remarked that “in the past years, it seems that we have established a policy of

removing and discouraging third-country nationals, even those that have legitimate papers and fulfil the conditions

to stay in Greece”. In the same discussion, the deputy Minister for the Interior made also mention to third-country

nationals‟ right to vote in self-government elections, Kathimerini newspaper, 17.2.2014

10 See relevant ministerial decision, http://static.diavgeia.gov.gr/doc/ΒΙΚΘΩ-46Π

10

and Migration and the National Strategy for the Integration of Third-country Nationals (April 2013)

that revolves around the principal targets of the common European policy on asylum and migration.

Currently, Greece is designing, reviewing and adjusting its immigration and asylum policy to deal

with the problems and challenges emerging because of the economic crisis and the large mixed

immigration flows, all by ensuring and strengthening social cohesion through the integration of

third-country nationals legally residing in the country as economic immigrants or beneficiaries of

international protection.

2013 marks an extremely important time for Greece that is awarded the Presidency of the European

Union (first half of 2014) having beforehand decided four pillars of work, one being to redesign a

“European Policy on Asylum and Migration”, under the long awaited adoption by the European

Council of June 2014 of the „Strategic Guidelines‟as set out in article 68 of the EU Conventions.

The relevant aims of the Greek Presidency refer particularly as regards to the need to review

„Dublin ΙΙ‟ or „ΙΙΙ‟ Regulation towards the provisional suspension of returns after a relevant request

by a Member State that faces much pressure and towards the elimination/amendment of the first-

entry criterion. Moreover, given that a large influx of third-country nationals are attempting to enter

the EU through the Greek borders because of the country‟s geographic location, the Greek

Presidency focuses on the need to establish a system for the pro rata distribution of the beneficiaries

of international protection and vulnerable groups (regardless whether they enjoy a regime of

protection) based on specific criteria (Member State financial situation and population). Such

solidarity actions are considered required in order to establish, preserve and sustain a Common

European Asylum System and are a necessary complement to foreign solidarity actions. This is a

big challenge for the Greek Presidency, considering that in the current circumstance of the

economic or at times social crisis immigration is an area of political controversy throughout the EU

that deals with the phenomenon of mixed immigration flows in two ways: promoting legitimate

selective immigration or the cyclical immigration of highly qualified staff as a factor for growth, on

the one hand; combating illegal immigration on the other, relying on a strict legislative framework

that incurs returns, expulsions and detention on the other. Finally, establishing the conditions for the

inclusion of legal immigrants through family reunification and the status of long-term residents that

would lead to multi-cultural societies11

seems to go hand in hand with attracting qualified or highly-

qualified immigrants12

, via a so-called selective or cyclical immigration that will be the next

challenge for Greece13

.

Methodology

This Report analyses information, evidence, facts and development mainly in terms of the

institutional framework and the way it is implemented, changes to the legal footholds of Ministries‟

and other agencies‟ responsibilities in the context of immigration and asylum that took place in

11

Inspired by socialdemocrats according to A. Takis, Long-term residents without papers: the “cursed reserve” of

European migration and asylum policies, page 6, at http://www.constitutionalism.gr/site/wp-

content/uploads/2013/07/2013_takis-on-irregular-migration.pdf

12 See Focussed Report EMN 2013 Attracting highly qualified and qualified third-country nationals 2013, at

http://ec.europa.eu/dgs/home-affairs/what-we-do/networks/european_migration_network/reports/docs/emn-

studies/attracting/11b.greece_attracting_highly_qualified_tcns_submission_el.pdf

13 Supra

11

2013. To draft this report, information was drawn from the web sites of the competent government

or other agencies (see relevant Annex 1), as well as Studies and Reports by the European Migration

Network. Statistics and important data were provided by Ministry officials engaged in Migration

and Asylum (Ministry of Interior, Ministry for Citizen Protection, Ministry of Labour, Ministry of

Foreign Affairs, Ministry of Justice). Research made to newspapers‟ electronic files and legal

databases for the relevant laws and case-law was extended.

1. Structure of Asylum and Migration Policy

Main actors involved in shaping the Policy14

The institutions that shape the asylum and migration policy seem to be in a constant process of

restructuring, as priorities of the Greek or European policy change. Thus, the main state and other

agencies responsible for designing, shaping and implementing the relevant policy are the following:

1. The Ministry for Public Order and Citizen Protection

The Ministry for Public Order and Citizen Protection is responsible for coordinating the work of the

Security Agencies and the Services entrusted with the security of citizens, the country‟s internal

security, combating crime, addressing natural disasters, border surveillance and managing illegal

immigration, including matters of asylum and reception via the Asylum Service, the Appeals

Authority and the First Reception Service.

Note also that Law 3938/2011 (Article 3), established the independent Service for the Management

of European and Development Programmes (in Greek YDEAP) within the Ministry for Citizen

Protection that reports directly to the Minister for Citizen Protection; its responsibilities include

handling and making best use of European programmes that concern sponsored Ministry

operational and developmental actions and co-ordinating the work of jointly competent Ministries

for implementing such actions.

The Service for the Management of European and Developmental Programmes is also the national

authority responsible for implementing decisions 574/2007/EC and 575/2007/EC of the European

Parliament and the Council of May 23rd

, 2007, establishing the External Borders Fund and the

European Return Fund, in the context of Framework Programme “Solidarity and Management of

Migration Flows”.

The recently-established Services (Asylum Service, Appeals Authority and First Reception Service)

The review of requests for international protection was the responsibility of the Hellenic Police until

June 7th

, 2013, when the new Asylum Service was launched. The Asylum Service is an

independent, political service that reports to the Ministry of Public Order and Citizen Protection,

responsible for planning and designing the country‟s policy on granting asylum or other forms of

international protection, including policy monitoring and assessment, the reception and review of

requests for international protection and decisions thereon in the first instance etc. This Service was

established under Law 3907/2011.

14

Considering that the main change for 2013 concerns the Asylum Service and the First Reception Service, the Ministry

for Citizen Protection is referred to in more detail.

12

The same law also established the Appeals Authority, an independent political service that also

reports to the Ministry for Public Order and Citizen Protection. The Appeals Authority also

launched its operations on June 7th

, 2013 and is responsible for the review of requests for

international protection in the second instance.

Law 3907/2011 also established the First Reception Service for the good and lawful management of

mixed immigration flows via the First Reception Centres (in Greek KEPY) and the First Reception

Movable Units, to facilitate the separation of asylum-seekers and immigrants, including detect

vulnerable groups. According to Law 3907/2011, all third-country nationals apprehended while

entering the country without having fulfilled the legal formalities are subject to the first reception

procedure. Moreover, Law 4172/2013 added one more responsibility to the First Reception Service,

i.e. the ability to establish Lodges for asylum-seekers and vulnerable third-country nationals15

.

Note also that the National Centre of Social Solidarity that reports to the Ministry of Labour, Social

Security and Welfare is responsible for handling housing requests for asylum-seekers and other

vulnerable groups (in Greek EKKA), such as unaccompanied minors.

The new Asylum Service and the Appeals Authority are the main linchpins of the asylum system in

Greece. However, we should stress out that parallel to these recently-established services, asylum

requests that we still outstanding (backlog) on June 7th

, 2013 (the day the two services were

launched) are still being reviewed either by the Hellenic Police in the first instance, or by the 20

Refugee Committees that also report to the Ministry for Public Order and Citizen Protection and

review these requests for international protection in the second instance.

2. Ministry of Foreign Affairs

The Ministry of Foreign Affairs is responsible for Schengen visas, long-term (national) visas and

transit visas. Furthermore, the Ministry is responsible for the negotiations that lead to the execution

of agreements, such as e.g. readmission agreements (see relevant EMN Focussed Study), relations

with diplomatic and consular authorities and since 2013 it is responsible for the coordination –

officially– of the National Agency to Combat Human Trafficking.

3. Ministry of Interior

The Ministry of Interior, by the intermediary of the General Secretariat for Population and Social

Cohesion, is responsible for the migration policy and the social inclusion of third-country nationals,

setting the legal framework on the entry and residence of third country nationals in the Greek

territory, providing guidance for the uniform application of the law by the competent agencies on

immigration of the decentralized authorities with respect to issuing residence permits and on

naturalization issues.

4. Ministry for Labour, Social Security and Welfare

The Ministry for Labour, Social Security and Welfare is responsible for setting the maximum

number of third-country nationals eligible for entry in the country annually for work, and for

monitoring implementation of the labour laws (Hellenic Labour Inspection Corps). Since 2012, via

the National Centre for Social Solidarity (in Greek, EKKA), the Ministry is responsible for the

15

For the structures available in Greece in 2014, see Centres for Hosting Asylum-Seekers http://www.unhcr.gr/genikes-

plirofories/ellada/artikel/71928feeaa814ed87baf591ec92b8ec7/kentra-ypodochis-kai.html

13

accommodation of asylum-seekers and unaccompanied minors, as well as the European Refugee

Fund.

5. Ministry of Health

The Ministry of Health is responsible for matters of medical and hospital care for uninsured third-

country nationals (including those lacking papers).

6. Ministry of Justice, Transparency and Human Rights

The Ministry of Justice, Transparency and Human Rights is responsible for matters of convicting

human traffickers, for the law-drafting committees of the relevant draft-laws and for the custody of

unaccompanied minors via the Public Prosecutors.

7. The Ministry of Marine and Aegean Sea

The Ministry of Marine and Aegean Sea is responsible for the surveillance of sea borders in co-

operation with External Borders European Agency (FRONTEX).

Other Agencies include:

The Inter-ministerial Committee for Migration Policy (Article 3, Law 3386/2005) that meets twice a

year to deliberate on questions of migration policy.

The Decentralised Administrations that reviews supporting documents for the issuance of residence

permits, including matters of citizenship/naturalization.

The Greek Ombudsman, an independent authority, to be more exact, the Ombudsman for

Immigrants, Refugees and Expatriates is the institutional agency for the protection of immigrants‟,

refugees and expatriates‟ rights, investigating both structural problems as regards the status of third-

country nationals in Greece and individual cases.

The National Committee for Human Rights, a consultative agency of the State addresses

recommendations or suggestions to amend the laws on human rights.

The International Organisation for Migration (IOM) is responsible for voluntary returns in the

context of programmes sponsored by the EU, the Ministry for Public Order and Citizen Protection

and third countries under bilateral agreements. The UN High Commissioner for Refugees (Office in

Greece) co-operates with competent authorities and NGOs for the protection of refugees and

asylum-seekers in Greece, particularly as regards the asylum process.

Concerning civil society stakeholders (NGOs) that engage in matters of asylum and migration, they

include: the Greek Council for Refugees that supports refugees and asylum-seekers offering legal

assistance, METAction that offers interpreting or translation services and other NGOs, such as

Medin, Doctors without Borders that assist access to medical care for uninsured third-country

nationals, inside or outside detention centres.

Legislative framework

The principal legal instruments for the asylum system, the reception of asylum-seekers and irregular

immigrants, for the returns etc are the following:

- Law 3907/2011 establishing the Asylum Service and the First Reception Service, adjusting Greek

laws according to the provisions of Directive 2008/115/EC “on common standards and procedures

in Member States for returning illegally staying third-country nationals” and other provisions;

14

- PD 113/2013 establishing a single procedure for granting the refugee status or subsidiary

protection in compliance with Directive 2005/85/EC of the Council “on minimum standards on

procedures in Member States for granting and withdrawing refugee status” (L 326/13.12.2005) and

other provisions;

- PD 114/2010 establishing a single procedure for granting the the refugee status or subsidiary

protection to aliens and stateless people in compliance with Directive 2005/85/EC of the Council

“on minimum standards on procedures in Member States for granting and withdrawing refugee

status” (L 326/13.12.2005) (applied when reviewing outstanding requests for international

protection – backlog);

- PD 141/2013 that aligns Greek laws with the provisions of Directive 2011/95/EU of the European

Parliament and the Council of December 13th

2011 (L 337) on standards for the qualification of

third-country nationals or stateless persons as beneficiaries of international protection, for a uniform

status of refugees or for persons eligible for subsidiary protections, and for the content of the

protection granted (recast);

- PD 220/2007 aligning Greek laws with the provisions of Directive 2003/9/EC of the Council of

January 27th

, 2003, laying down minimum standards for the reception of asylum seekers (ΔΔL

31/6.2.2003);

- PD 102/2012 on the organisation and operations of the First Reception Service under the Ministry

for Public Order and Citizen Protection;

- PD 104/2012 on the organisation and operations of the Asylum Service under the Ministry for

Public Order and Citizen Protection.

The key legislative instrument on migration policy up to moment this Report was drafted still

remained Law 3386/2005 on the entry, stay and social inclusion of third-country nationals as

amended and applicable today. However, since October 2013, deliberation process has been

completed and the draft law “Migration and Social Inclusion” is ready for submission to the

Parliament‟s plenary session; according to its Explanatory Report, this draft law gathers in a single

document all law arrangements, presidential decrees and regulatory decisions (ministerial and joint

ministerial decisions) that concern immigration laws in our country, transposes certain EU

Directives16

that concern our country‟s migration laws and includes arrangements as regards

residence permits for work, for humanitarian reasons, for human trafficking victims, for family

reunification, including arrangements for residence permits for long-term residents, residence

permits for second-generation immigrants, “EU Blue Cards” for highly qualified workers, while

reference is also made to matters of social inclusion.

2. OVERVIEW OF ASYLUM AND MIGRATION POLICY DEVELOPMENTS

2.1 Political developments

In 2013, the economic and fiscal crisis continued to determine the country‟s central political

choices. In June 2013 DIMAR [Democratic Left] party withdrew from the government coalition

16

Other than encoding the applicable laws, the Code also transposes Directive 2011/98/EU for a single permit for third-

country nationals.

15

(see in detail Annual Report 2012),as a result of the way the Public Broadcaster‟s (ERT)

restructuring was handled. This withdrawal led to a reshuffling that changed the Minister of Interior

at a crucial time for the National Migration and Asylum Plan, the launch of the Asylum and First

Reception Services as well as for the preparation of the Greek Presidency (that set the reform of the

European asylum and migration policy as a central objective). The policy however did not change

and the broader orientations in relation to asylum and migration according to the coalition‟s

programme agreement remained the same, i.e.: combat irregular immigration, guard borders, co-

operate with the European Agency for the Management of Operational Cooperation at External

Borders for EU Member States (FRONTEX), amend the provisions of Dublin ΙΙ (an aim of the

Greek Presidency for the first half of 2014), the policy of returning irregular immigrants, deal with

problems that concern structures for detaining immigrants pending return/expulsion and last but not

least, speed up the procedure for the review of asylum requests by staffing the new Asylum Service

and the First Reception Service (June 2013).

Greece participates actively in pursuing these objectives, although continuing on in the tradition of

atransit country, despite legal and administrative changes in 201317

.

Main policy and legislative debate that prevailed on migration and asylum concerned the new

Services and Structures for asylum, detention issues, returns, acquisition of citizenship, the draft-

law for combating racist violence and the submission of draft-law “Code for Migration and

Asylum” for deliberation. The focus of the strategy followed in relation to the inclusion of

immigrants has been outlined in policy documents, such as the National Strategy on the inclusion of

third country nationals of the Ministry of Interior (April 2013).

Positive developments within 2013 would definitely include the fact that asylum system has been

institutionally and substantially modernised by the new Services; nevertheless, the restrictions of

the European framework (Dublin) still cause populations to pile up in countries at the external EU

borders, such as Greece.

Typical is the fact that since the Service was launched on 7 June 2013 to the end of January 2014,

the Asylum Service had received 5,577 requests for asylums by aliens coming from 77 countries.

Asylum status granting rates range from zero (for asylum-seekers from Albania and Georgia) to

99.1% for Syrians and 100% for Somalis. Mean waiting time for decisions in the first instance is 63

days. The biggest difference of the new (Asylum Service) with the older procedure (Hellenic Police

Headquarters)–other than the speedier handling of the cases– is that rates for granting asylum status

have considerably risen: in first-instance, from June 2013 to January 2014, refugee status was

granted to 11.6% of asylum-seekers, while 5.2% received subsidiary protection; i.e. overall one to

six asylum-seekers –mainly originating in Afghanistan, Syria, Iran, Eritrea and Sudan– was granted

in 2013 the protection they were deprived of in their countries of origin, which is their right under

international law. Note that the respective percentage in 2012, when the procedure was still in the

hands of the Hellenic Policy was 0.9% –the lowest in the EU by far.A positive development would

also be the gradual staffing of the Services within the second half of 2013, whenthe Regional

Offices of the Asylum Services began their operations –in Attica (on Katechaki street), in Northern

17

See Annual Policy 2012, http://www.srcosmos.gr/srcosmos/showpub.aspx?aa=6353 p. 2

See National Strategy for the Inclusion of Third-Country Nationals, 2013 at http://www.ypes.gr/UserFiles/f0ff9297-

f516-40ff-a70e-eca84e2ec9b9/ethnikisratig_30042013.pdf

16

and Southern Evros, Lesvos and Rhodes– while ad hoc support teams have been examining

applications filed by detainees in Thessalonica and in Amygdaleza (Attiki). The National Action

Plan for asylum and immigrations foresees that offices will run also on Samos, Chios, Heraclion

and Patras within 201418

.

As regards border control, the restructuring of the border control authorities in Evros has

undoubtedly contributed to the drastic containment of irregular entries to Greece, although certain

practices or steps taken by the national authorities, such as the infamous “fence” was questionable

from a human rights aspect. It has been estimated that the severe economic crisis that has hit our

country was also decisive in the reduced entries, considering that our country is not a preferred

route of access to the European Union in terms of security and temporary employment. In any case,

as mentioned in the last report by Frontex, detections of illegal border-crossing along EU‟s external

borders sharply dropped by 49% due mainly to the enhanced surveillance of the land border in

Evros; to be more exact, arrests of illegal immigrants dropped from 141,051 in 2011 to 72,437 in

2012 and to just 39,759 in 201319

.However, this impressive number does not rule out the

contingency of such border-crossings having been partially re-routed to less controlled access routes

to the EU, such as the land borders between Turkey and Bulgaria20

.

The Directive on common standards and procedures for returning illegal immigrants21

is intended to

provide common norms as to the management of those third-country nationals that lack papers that

certify their legal residence or employment in the territory of the EU member states. The system

now applied in Greece, at a faster and more effective pace in 2013, promotes the alien‟s “co-

operation”, i.e. their (voluntary) return of third-country nationals to their countries of origin,

considering that the general rule followed is that those lacking a residence permit, for any reason

whatsoever, must return to their country of origin. Furthermore, the system establishes considerable

safety pins as regards the checks (administrative and judicial) of the legitimacy of detention for as

long as return procedures continue. The “forced removal” or expulsion, according to the Greek

laws, the administrative detention as long as return procedures continue, the alien‟s co-operation or

lack thereof, they all have a common denominator: the removal (Article 6, par. 4 of the Directive).

Another area of political controversy was the government‟s actions after the Council of State‟s

plenary session ruled that the provisions of Law 3838/2010, as regards the acquired status of

citizens by birth or for attending a Greek school were unconstitutional, as well as legal immigrant‟s

right to vote in primary local government elections; this triggered reaction both by government

partners (PASOK) and controversy between the government and the opposition, including the

Greek Ombudsman and the civil society. Note that this law had already, since its adoption in

2010,triggered strong opposition within the Parliament and vivid debate in the media22

.

18

Staffing the Asylum Services is one more innovation as compared to previously. The 207 employees are in their

majority –particularly those conducting interviews and recommending the preliminary admission or rejection of a

request– holders of university (often post-graduate) diplomas in law, political sciences or humanitarian studies.

19 On the recent developments along all borders of the EU, see Frontex, Annual Risk Analysis 2013.

20 A. Takis, op. cit. p. 13

21 See Directive 2008/115/EC of the European Parliament and the Council of 16 December 2008.

22 Newspaper Ta Nea, “The government stands firm in its decision to vote for the draft law for immigrants”, (41.2010),

Newspaper Ethnos “77.1% of citizens are in favour of granting citizenship to immigrants‟ children”, (11.1.2010),

17

Finally, one of the questions discussed at a political level, including international agencies and

NGOs that visited Greece within 2013 were the incidents of racist violence and other violent

incidents that took place in the year. As an example, on January 17th

2013 Shehzad Luqman, a

Pakistani citizen, was assassinated by two persons purported to be members of the extreme-right

organisation Golden Dawn23

, while on April 18th

2013, 92 Bangladeshi workers were attacked by

gunmen in Manolada, when they tried to claim their pays and defend their rights24

.

On May 31st, 2013, the Greek Council for Refugees (NGO) filed a complaint for the abduction of a

Turk asylum-seeker25

, while on August 11th

, 2013, serious incidents took place during an

insurgency at Amygdaleza detention centre, where 1,620 third-country nationals were detained26

.

This insurgency brought about a series of conditions and procedural safeguards necessary to enforce

a freedom-deprivation measure in the light of international and European laws. UN Working Group

on Arbitrary Detention outlined these questions in its relevant press release on January 31st, 2013,

after a ten-day visit to Greece27

, and they were reiterated by the UN High Commissioner for

Refugees in remarks made on August 20th

, 2013, regarding the administrative detention of third-

country nationals in Greece, including asylum-seekers28

.Finally, the list of these sad incidents

extended in September 2013 by the atrocious assassination of Pavlos Fyssas, member of an

antiracist group, by members of the extreme-right organisation Golden Dawn29

. This assassination

that shook public opinion triggered a storm of antifascist and antiracist protests and rallies all over

Greece and reaction all over the world30

and flared up the debate on racist violence in Greece.

In this area, much was contributed by the Racist Violence Recording Network that became a point

of reference at a national and international level for highlight hate crimes, as its action came to fill

in a significant deficiency of the State: the lack of an official and effective system to record the

incidents and tendencies for racist violence in our country. It is worth noting that a draft-law dealing

with racist violence was drafted and received preliminary approval on 3/12/2013; this is draft law

“Amending Law 927/1979 (Α΄139) and aligning it with EU Council framework decision

2008/913/JHA of November 28th

, 2008, on combating certain forms and expressions of racism and

xenophobia by means of criminal law.

Newspaper Eleftherotypia “Samaras: The migration law is a “Trojan Horse” (11.1.2010), Newspaper Kathimerini,

“Citizenship and national identity”, (31.1.2010), Newspaper Kathimerini, “The parliament voted in favour of the draft

law on citizenship”, (2.3.2010).

23http://www.tovima.gr/society/article/?aid=493418

24http://news247.gr/eidiseis/koinonia/eglima/sok_sto_panellhnio_epistates_sth_nea_manwlada_gazwsan_me_sfaires_m

etanastes_poy_zhthsan_na_plhrwthoun.2216257.html

25http://www.gcr.gr/index.php/en/news/press-releases-announcements?start=25

26http://news.in.gr/greece/article/?aid=1231261014

27http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12962&LangID=E

28http://www.unhcr.gr/nea/artikel/2793ecbd10b3df365cbd7384ab67661a/episimanseis-scheti.html

29http://www.koutipandoras.gr/article/42999/politiki-dolofonia-apo-fasistes-nekros-o-34hronos-paylos-fyssas

30http://www.naftemporiki.gr/stream/986/dolofonia-paulou-fussa, http://www.reuters.com/article/2013/09/18/us-greece-

stabbing-idUSBRE98H0ZZ20130918

18

The draft law foresees high pecuniary penalties and penalties of imprisonment for expression of

hatred or violence based on race, colour, religion, descent or national or ethnic origin. The first

attempt to file a draft law to the Law-Drafting Committee in May 2013 caused a hurricane of

reaction; the draft-law was never subject to deliberation; instead, the government announced that it

would elaborate the draft-law further, with a view to improve it. The reshuffling in June 2013 and

the replacement of the Minister of Justice, Transparency and Human Rights A. Roupakiotis by C.

Athanassiou may partially explain this delay31

.

Residence permits in statistics

As regards the statistics of the relevant provisions, according to latest information by the Ministry

of Interior, in 2013, 462,319 aliens have a residence permit in our country and 135,478 requests for

renewal are outstanding. 68.44% (409,125 people) among such aliens come from Albania, 3.63%

(21,723 people) from the Ukraine, 3.23% (19.329 people) from Georgia and 3.12% (18,681 people)

from Pakistan. Finally, 54.1% of resident permit holders came to Greece to find work, 44.4% came

for family reunification and 1.5% came for studies. Note also that one to ten legally residing aliens

is the spouse of a Greek citizen. As regards arrests of immigrants according to information of the

Hellenic Police32

, in the first nine months of 2013, they dropped (from 65.781 in January to

September 2012 to 31,050 in the same period in 2013), a fact that seems to be owed to the reduced

border crossing by the Greek-Turkish land borders (Evros). For example, 30,147 aliens were

apprehended in the first nine months of 2012, when in the same period in 2013 arrests concerned

776 people.

Returns

Finally, returns of immigrants to their countries of origin lag considerably behind the reduced

number of arrests in 2013. Note for example that according to the Ministry for Public Order and

Citizen Protection, 22,117 aliens returned in 2012 and 26,186 in 2013, an increase by 18.4%. Note

also that data by the International Organisation for Migration (IOM) report that approximately

18.500 immigrants have been repatriated from Greece in the past 3 years through various

programmes33

.

2.2 Overall developments in asylum and migration

The implementation of the changes to the Greek legislative framework that began in 2011 and were

completed in 2013 by applying the law provisions for the new Services (Asylum Service, Appeals

Authority, First Reception Service), and by drafting the draft-law “Code of Migration and Social

Inclusion” now form a comprehensive political, legislative and institutional framework on asylum

and migration. In the past 8 years, however, the applicable legal context and the linchpin of

migration policy was Law 3386/2005, with its amendments via relevant Presidential Decrees, which

31

See relevant articles http://tvxs.gr/news/ελλάδα/βγαίνουν-ηα-μαχαίρια-για-ηο-ανηιραηζιζηικό-νομοζχέδιο

32See Hellenic Police web site

http://www.astynomia.gr/index.php?option=ozo_content&perform=view&id=24727&Itemid=73&lang=

33UK launches £2m project in Greece to assist repatriation of migrants, 19.1.2014, see http://www.theguardian.com/uk-

news/2014/feb/19/uk-launches-project-greece-repatriation-migrants

19

transposes into Greek national order EU Directives on legal migration, which was taken into

account when drafting this Report, making reference to different provisions in the draft law.

The draft law “Code of Migration and Social Inclusion” gathers in a single document of 140

Articles all arrangements on migration that until now were contained in 20 laws, six Presidential

Decrees and 42 regulatory acts. The draft law simplified procedures by removing 20 supporting

documents for the renewal of permits and by limiting types of residence permits for immigrants

from 50 to 20; what is most important, the draft law enables immigrants with ten-year or indefinite

duration residence permits to convert them into permits for long-term residents. According to its

Explanatory Report, gathers in a single document all law arrangements, presidential decrees and

regulatory decisions (ministerial and joint ministerial decisions) that concern immigration laws in

our country and includes arrangements as regards residence permits for work, for humanitarian

reasons, for human trafficking victims, for family reunification, including arrangements for

residence permits of long-term staying third-country nationals, residence permits for second-

generation immigrants, “EU Blue Cards” for highly qualified workers, while reference is also made

to matters of social inclusion.

In parallel, the new Code foresees favourable treatment for second-generation immigrants, i.e.

immigrants‟ children born or raised in Greece that have attended Greek schools. Such children are

given the right of second generation residence permit, which acts as a protective framework

thatfacilitates their social inclusion perspectives, so that they do not remain under the general

provisions for the renewal of their permits, risking loosing their legal status and being exposed to

forced removal from Greece.

The Greek State has been attempting –among others– to redress this distortion by adding simplified

procedures for the issuance and renewal of residence permits in the draft law “Code of Migration

and Social Inclusion” now filed for discussion by the Parliament‟s plenary session.

Developments in Asylum

The Greek asylum system features many developments in 2013, given that the plans in the context

of the Greek Action Plan in relation to the establishment of the new Asylum Service, the Appeals

Authority and the First Reception Service were implemented.

The new Asylum Service and the Appeals Authority, the two linchpins of the asylum system in

Greece began their operations on June 7th

, 2013. The same date marked the opening of the first

Regional Asylum Office (in Attica), responsible among others for receiving requests for

international protection and deciding thereon.

Within 2013, Regional Offices and ad hoc asylum teams began their work in Northern and Southern

Evros, on Lesvos and on Rhodes islands. Responsibility for reviewing requests for international

protection now lies with these new independent political services.

Examination of outstanding requests for international protection (backlog)34

, continues on in the

same paceby the Hellenic Police in the first instance and by Appeals Committees35

in the second,

which increased from 10 to 20 in 2013.

34

That is, the requests for international protection that remained outstanding till June 7th

, 2013. For requests filed after

this date, the new Asylum Service is responsible for their examination.

35 These Committees report to the Ministry for Public Order and Citizen Protection under PD 114/2010.

20

At the same time, the First Reception Centre in Orestiada Border Post (Fylakio) began its operations

in 2013, while another First Reception is under construction on Lesvos. Since 2013, there are also

Mobile First Reception Units at the Screening Centres for Aliens on Chios and Samos.

It is worth noting that within 2013 the Committee of Ministers of the Council of Europe reviewed

the steps taken by Greece to comply with judgement MSS/Belgium and Greece36

. Remarks were

filed by the Greek authorities37

and by civil society organisations38

, including the UN Special

Rapporteur on immigrants‟ rights39

.

Regarding legislative developments, PD 113/2013 was issued, establishing a single procedure for

granting the refugee status or subsidiary protection in compliance with Directive 2005/85/EC of the

Council “on minimum standards on procedures in Member States for granting and withdrawing

refugee status” (L 326/13.12.2005) and other provisions.

Furthermore, PD 141/2013 was issued, which aligns Greek legislation with the provisions of

Directive 2011/95/EU of the European Parliament and the Council of December 13th

2011 (L 337)

on standards for the qualification of third-country nationals or stateless persons as beneficiaries of

international protection, for a uniform status of refugees or for persons eligible for subsidiary

protections, and for the content of the protection granted (recast).

An important development would also include the issuance of Ministry of Health Decision No.

92490/2013 on a Programme offering medical checks, psychosocial diagnosis, as well as support

and allocation of irregular incoming third-country nationals to first reception structures; the same

decision also established for the first time a process for determining the age of minors.

Moreover, by decision of the Deputy Minister of Health, Ministerial Decision GΥ39α GG1002/Β/2-

4-2012 that forced aliens to a medical examination and hospitalization in specific cases was

abolished.

36

ECtHR, Grand Chamber, M.S.S. v. Belgium and Greece, Application No. 30696/09

37 Communication from Greece concerning the case of M.S.S. against Belgium and Greece (Application No. 30696/09),

available at

https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetImage=2391979&

SecMode=1&DocId=2074912&Usage=2

38See for example, Communication from NGOs (Amnesty International, The International Commission of Jurists (ICJ)

and the European Council on Refugees and Exiles (ECRE)) (18 and 22/02/13) and reply of the Greek authorities

(27/02/13) in the case of M.S.S. v. Belgium and Greece (Application No. 30696/09), available at

https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetImage=2242120&

SecMode=1&DocId=1986544&Usage=2., Communication from NGO (HLHR - Hellenic League for Human

Rights) (12/11/13) in the case of M.S.S. v. Belgium and Greece and reply of the Greek authorities (22/11/2013)

(Application No. 30696/09 available at

https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetImage=2401495&

SecMode=1&DocId=2079540&Usage=2

39 Submission by the United Nations Special Rapporteur on the human rights of migrants pursuant to Article 46.2 of the

European Convention on Human rights, of his reports on his visits to Italy (A/HRC/23/46/Add.3) and Greece

(A/HRC/23/46/Add.4) for consideration by the Committee of Ministers in the cases of "Hirsi Jamaa v. Italy" and

the group of cases of "M.S.S. v. Greece" (12/07/2013) available at

https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetImage=2401555&

SecMode=1&DocId=2082246&Usage=2

21

Concerning the effectiveness of the new procedures, one indication would be that since the Service

was launched on 7 June 2013 to the end of January 2014, the Asylum Service had received 5,577

requests for asylums by aliens coming from 77 countries. Over three-quarters of asylum-seekers

were men. Asylum status granting rates range from zero (for asylum-seekers from Albania and

Georgia) to 99.1% for Syrians and 100% for Somalis. Average waiting time for decisions in the first

instance is 63 days.

Challenges

As regards the biggest problems evident within 2013, they seem to have to do with two categories

of third-country nationals that have been trapped in a status „on hold‟, a fact that only perpetuates

problems, putting more stress on Greek authorities. This includes the “victims” of crisis in Greece

on the one hand and the victims of crises in third countries where the majority of immigrants

originate, on the other: long-term residents who were not able to renew their residence permits

because of the crisis or those lacking legitimizing papers, but their long stay in Greece makes them

a particular category (protracted irregularity). This also includes third-country nationals from

countries facing humanitarian crises (in 2013, Syria, Mali, Central African Republic, South Sudan,

Somalia), where removal is unfeasible (unremovables). In the first case, evidence shows that

humanitarian status is granted and in the second case, immigrants are not encouraged to make a

request for asylum, but are given a paper for 6-month suspension of their removal by the Greek

authorities. This time frame may be extended as long as the relevant conditions persist.

3. LEGAL MIGRATION AND MOBILITY

Law 3386/05 “Entry, residence and social integration of third country nationals”40

focuses on five

dimensions, which constitute until now a strategic choice of the Greek government. These are:

- Therationalplanning of the entryof migrants intoGreekterritory,based onspecificqualitiesand

consideringon the one hand, theconditions and the needsofthe Greek labour market and on the other,

of the social and economic situation of the country.

- Ensuringworking conditions forthird country nationalswho come toGreecetoworkin

conditionsbefitting amodern state oflaw, similar to those of Greek nationals.

- The introductionof a modernsystem of socialintegration ofmigrants;

- Ensuring, in particular, conditions conducive tothefull exerciseofall rights of third country

nationals, particularly those relating to thefree developmentof their personality, free participation in

economicandsociallife of the countryunder conditions of socialjusticeand respect for

thedifferences,first and foremostthose resultingfromtheir origin;

- Simplificationof procedures, most notablythe consolidationofwork and residence permitsin

one administrativeactionissued bythe Ministerof Interior orthe Secretaryof the Region.

In particular, this law regulated for the first time the social integration of third country nationals in

the Greek society, by providing principles and assistance on specific criteria. The law includes

provisions for special visas that are required by third country nationals coming to Greece for work

(Articles 14-23), for victims of trafficking (articles 46-52), for family reunification (articles 53-60),

for humanitarian reasons (Article 44), residence permits of indefinite duration (Article 91 §2),

permits of long-term residence (for the first time in Greek legislation, articles 67-69 ) etc. The most

40

GG A 212, 23.8.2005. For an initial approach see, Papassiopi-Passia Z., The legal position of migrants in Greece, 59

RHDI, 2006, p. 425-448.

22

innovative aspect of the legislation is the introduction of the Integrated Programme of Action for

the social inclusion of migrants, both in the labour market and generally in wider social, economic

and cultural activities.

From 2005onwards due tothe dynamicsof migrationandongoing developmentsat both an

internationaland a nationallevel, parameters that required thecontinuousadaptation of the

legislationto new conditions, theenactmentof otherlegislation, notablytheadditionalLaw3368/2005

was the next step in the legislative framework regulating migration. The most recent amendments

concern provisions (Law 3801/2009) for further simplification of procedures (direct access, without

specific authorization, of the holders of autonomous residence permits to employment and provision

of services or work, the possibility of extension, under the same conditions, of the residence permit

issued to parents of minors holding the Greek nationality, for another five years after the age of

majority), tougher penalties for those involved in criminal trafficking networks (Law 3875/2010),

extension of the cases of issuance of residence permits for humanitarian reasons (for victims of

criminal acts, under articles 1 to 3 of L. 927/1979, victims of human trafficking or smuggling of

migrants, minors, etc. (Law 3875/2010), creation of the National Commission on the Social

Integration of Immigrants (Law 3536/2007) etc.

Due tothe large number ofamendinglaws,currently, the Ministry of Interior has prepareda draft law

“Code of MigrationandSocialInclusion”, which,as already mentioned,gathers in asingledocument all

legislation, presidentialdecreesandregulatoryacts (joint ministerialandministerialdecisions)

concerningmigration in Greece.

The proposed amendments in the draft law “Code of Migration and Social Inclusion” that have been

highlighted by academic institutions, the Ombudsman and NGOs41

improve the existing legislative

framework as to the following points:

- Theproceduralacceleration ofthecontinuedexamination of an applicationfor a residence

permit, if the agenciesof the Ministry ofPublicOrder andCitizen Protectiondo notrespondwithin a

certaintime limitin sending anopinionas to the existenceof reasons of publicorder and securityfor the

issuance of a decision authorizing the residence of a third country national. Thefailureof the

agencies to sendtimely theiropinion does not obstruct the procedure(Article 6, c, paragraph4).

- Theobligation to justifyrefusals ofentry visasfrom the diplomaticandconsularauthorities

(Article 4, paragraph 1).

- The extensionof thedurationof regularresidence permits that will be issuedafter the entry

intoforceof the Code, from one totwoyears on the initial issuance and two to three for the renewals

(Article 7, paragraph 5).

- The abolition of the obligation to submit a work agreement as a condition for the renewal of

the residence permit for employed activity (article 15 par. 2)

- The simplification of the procedure for issuing and renewing certain categories of residence

permits for humanitarian reasons by virtue of a decision of the Minister of Interior, as well as the

transfer of the rest to the competence of the Secretary General of Decentralized Administration

(article 19 par.1,2)

41

See, amongst others, Explanatory report, ΑΓΑ: 04-02Κ0, as well as the Consultation from 17-29 Οκηωβρίου 2013,

during which 370 comments have been submitted, at http://www.opengov.gr/ypes/?p=1943. See also remarks from the

Ombudsman, “Comments on the draft law for the ratification of the Code of Migration and Social Inclusion”,

23

- The introduction of a new category of residence permits for humanitarian reasons, for

nationals of third countries whose request for international protection was rejectedby the relevant

authorities of the Ministry of Public Order and Protection of Citizen, the broadening of the scope of

protection for victims and witnesses of criminal and racial violence, for third country nationals that

have worked under abusive terms and conditions and persons attending an approved treatment

program on mental dependency.

- The simplification of the procedure for issuing residence permits for “long-term residents”

(in accordancewith Directive2003/109/EC) as their legal residencefor twelveconsecutive years,will

be deemed as “presumption of inclusion”, after the entry into force of the Code(Article91, despite.2,

paragraphd).

- Disassociationfrom income criteriain casesof family reunification of

continuedlegalresidence for membersofthe samefamily(Article74, paragraph 2)and

generallyreduction of financialobligationsin viewof the economiccrisis, for instance the reduction

offines(Article 24par. 1), the reduction of thefeefor obtaining thestatus of longterm

resident(Article133paragraph 2).

- The possibility of bypassing ofthe previousillegal stayinGreeceas an obstacle so that family

membersalready in the country can apply forfamilyreunification(Article71, paragraph 1).

- The introduction of a residence permit for the second generation. Thus, second generation

childrenof third country nationalscan ensurebyadulthoodthe legalityof their stayinGreece, on a

consistent basiswithoutthe conditionsprovidedby applicableLaw3386/2005(Article109).

Accordingto data presented during the consultation, the number of residence permitsinGreecein

2013amounted to473,000(600.000 in 2009), whileoutstanding requests exceeded130,00042

. It is

interesting thatin2013Greecehad2.32migrantsper1,000 inhabitants43

.

Under the existing legislative framework, Greece has transposed almost all EU legislative acts

regarding legal migration (see in detail Section 10).

3.1 Promoting legal migration

3.1.1 Students and researchers

There were no relevant activities in 2013, but several measures had been adopted in the previous

period (see Chapter 3.3 of the Annual Policy Report 2012).

3.1.2 Other types of legal migration

The National Strategy for the inclusion of third-country nationals places emphasis on training and

developing the skills of those already in Greece; the strategy sets out the categories of professions

for which there have been increased needs in the last five years that concern temporary employment

18.11.2013, at http://www.synigoros.gr/resources/paratiriseissxedionomou.pdf. Also, comments of the Hellenic League

for Human Rights, http://www.hlhr.gr/images/site/1014/1025_large/keimeno_tekmhrivshs_kvdikas_metanasteyshs2.pdf 42

The references to the Code of Migration were made during the discussion of a question of the SYRIZA Member of

Parliament N. Voutsis, who pointed out that “in the past years, it seems that we have established a policy of removing

and discouraging third-country nationals, even those that have legitimate papers and fulfil the conditions to stay in

Greece”. In the same debate the deputy Minister of the Interior made reference to voting rights for third-country

nationals in local elections, the Daily, 02/17/2014. 43

This indicator results from the difference entry-exit of persons in the country, for every 1.000 individuals, during the

year, see http://www.indexmundi.com/greece/net_migration_rate.html.

24

(tourism), transfer of fishery workers, highly qualified workers, transfer of seasonal workers to the

agricultural economy44

.

For the upcoming period, considering the large number of third-country nationals already in the

country, inclusion efforts have intensified, offering qualifications, training, skill development and

attracting highly qualified workers where necessary45

.

Therefore, the arrangements above affect the sectors of dependent employment, temporary

employment, transfer of fishery workers, highly qualified workers and transfer of seasonal workers

to the agricultural economy. Therefore, the spectrum of sectors affected is so broad that we cannot

conclude that there is any other reason, other than making an overall national estimate of the actual

needs of the Greek labour market that may be covered by third-country nationals.

The proposed changes and amendments of the draft law “Code of Migration and Social Inclusion”

in the field of existing legislation aim at the review of the conditions for accessing the labour

market and the establishment of good conditions for investments from third-country nationals, by

setting out the conditions and the requirements for the issuance and the renewal of residence

permits for investments, either for direct investments of aliens or nationals, or for strategic

investment. These are extremely important provisions that complement the current legal framework

on immigration while promoting public interest.

The objective is the effective and comprehensive control of the labour market in conjunction with

current conditions and actual needs of several sectors and more broadly the national economy,

including the attraction of investment projects from natural and legal persons having their

headquarters abroad.

The abovementioned objectives will be achieved with the adoption of a new more comprehensive

and flexible system of inviting workersplannedcentrally andallowing the nationalauthorities

tocontrol the flowof new invitedemployees depending on the needsof the labour

marketandthebroadernational economy, taking into account the EU member states nationals, or the

Greek labour force or the third country nationals labour force that already resides, legally, in

Greece.

work force of nationals, EU member states citizens as well as legally present third country nationals

in the country.

3.2 Economic migration

The process of recording and analysing the needs of the Greek labour market in terms of foreign

labour force, as specified in Article 14, Law 3386/2005, has not changed in 201346

and the relevant

44

See National Strategy for the inclusion of third-country nationals, April 2013, General Secretariat for Population and

Social Cohesion, p. 53 (emphasis on integration and training) http://www.ypes.gr/UserFiles/f0ff9297-f516-40ff-a70e-

eca84e2ec9b9/ethnikisratig_30042013.pdf 45

See EMN Report for highly qualified third-country nationals in 2013. 46

The number of transferred workers pursuant to the said procedure rose to 4.240. See Joint Ministerial Decision No.

4426/117 (ΦΔΚ Β / 681) issued on March 12, 2013 that specifies the maximum number of work residence permits for

each Decentralised Administration Unit. According to that decision, in the Decentralised Administration Unit of Attica,

the maximum number of residence permits for work in 2013 will be 307, for the Decentralised Administration Unit of

Crete that number is 35, for the Decentralised Administration Unit of the Peloponnese, Western Greece and the Ionian

Sea, the number will be 282; d. Decentralised Administration Unit of Thessalia-Sterea Ellas, 599; e. Decentralised

Administration Unit of Epirus-Western Macedonia, 358; and f. Decentralised Administration Unit of Macedonia-

25

positions as described in the joint ministerial decision 66881/16.12.201347

. The overall estimate of

the National Strategy for the inclusion of third-country nationals on 23/4/2013 (Ministry of Interior)

with the scope to manage legal immigration flows however focuses on the fact that there are no

deficiencies in labour force and thus no need for third-country nationals to fill in relevant positions

through invitations (metaklisis); emphasis should be placed on integrating those already in the

country.

Regarding the planned introduction of new policies for the labour of migrants, it is noted that article

11 par. 1, 2 and 3 of the draft law Code of Migration and Social Inclusion “Procedure of designating

the amount of migrants for labour activity” provides for a differentiated procedure (described

hereafter) of recording and analyzing the needs of the Greek labour market for foreign personnel

from the one provided for in article 14, Law 3386/2005.

In particular, the law stipulates that by decision of the Ministers of the Interior, Foreign Affairs,

Development and Competitiveness, Infrastructure, Transport and Networks, Mercantile Marine,

Aegean and Employment, Social Security and Welfare issued in the last quarter of each second year

specifies the maximum number of dependent employment positions that may be covered by third-

country nationals, per Region, citizenship and area of employment. The same decision may also

foresee an increase to the number of dependent employment jobs up to 10% to cover unforeseeable

and extraordinary needs.

Additionally, according to the draft Code of Migration and Social Inclusion, the investigation of

manpower requirements in the first instance, is assigned to the Development Directorates of the

Regions and not the Decentralized Administrations, given that said Directorates have competencies,

such as the receipt of applications of investment, control of data, evaluation, monitoring the

implementation of the investment plan, the payment of the grant of the investment cost and the

completion and commissioning certification, registration of new jobs created by the implementation

of approved investments, the opinion on any matter of local or general interest, for which advice is

sought etc.

As regards the implementation of the applicable laws, in the framework of authorizing rules, Joint

Ministerial Decision No. 4426 117/ 2013 was issued in 2013 (12 March 2013) regarding the

country‟s needs in labour force. To be more exact, the said decision determines the maximum

number of work residence permits for each Decentralised Administration Unit and stipulates that: in

the Decentralised Administration Unit of Attica, the maximum number of residence permits for

work in 2013 will be 307, for the Decentralised Administration Unit of Crete that number is 35, for

Decentralised Administration Unit of the Peloponnese, Western Greece and the Ionian Sea, the

number will be 282; d. at Decentralised Administration Unit of Thessalia-Sterea Ellas, 599; e.

Decentralised Administration Unit of Epirus-Western Macedonia, 358; and f. Decentralised

Administration Unit of Macedonia-Thrace, 2492; g. Decentralised Administration Unit of the

Aegean, 167.

Thrace, 2492; g. Decentralised Administration Unit of the Aegean, 167. The same Joint Ministerial Decision also

specifies that the duration of the initial work residence permits for third-country nationals will be annual. As regards

seasonal workers, their residence permit will be effective for up to six (6) months. Residence permits for fishery

workers may not exceed ten (10) months. 47

See GG 3300 Β‟ 46404-5.

26

In 2013, legislative interventions were not identified with respect to the policy or practice of Greece

in the recognition of skills, nor were there further evidence of planned measures to respond to the

specific questions posed by the Ministry of Education. The National Strategy for the integration of

third country nationals of 23/4/2013 (Ministry of Interior) also recorded the need for an integration

policy that will facilitate and improve access of first and second-generation third country nationals

to better jobs, higher wages or highly qualified jobs, improving the recognition of education and

vocational training that they have acquired abroad.

Greece has introduced measures to facilitate the access of high qualified employees to the labour

market. Law 4071/2012 that aligned Greek laws with the relevant European Directive is part of the

Draft Law for the ratification of the Code of Migration and Social Inclusion (Chapter F). The

provisions planned to be introduced establish specific procedures on the determination of the

volumes of highly qualified third-country nationals admitted for work (Article 113) pursuant to the

general provisions of Article 11 (see 1.2 hereof) and regulate procedural matters (Article 128).

Moreover, in the context of the said arrangements, mechanisms to attract are making family

reunification easier, providing equal treatment with Greek nationals in a series of areas, facilitating

access to the status of long-term residents etc.

In addition, for the measures taken until July 2013, see EMN, National Report for attracting highly

qualified and qualified third-country nationals, 2013.

It is important that during 2013, the procedure set forth in Article 27, Law 4071/2012 came into

force, which foresees that the Ministry for Labour, Social Security and Welfare, in co-operation

with the jointly competent Ministries of Interior, Foreign Affairs and Growth, Competitiveness,

Infrastructures, Transport and Networks, is responsible for the issuance of a Joint Decision issued in

the last quarter every second year, which will specify the maximum number of highly qualified jobs

per Region and trade that will be covered by transferring citizens from non-EU countries. The said

Joint Ministerial Decision is issued after taking into consideration the opinion of the Economic and

Social Committee, Greek Manpower Employment Organisation and the Regions, following a

request filed to such agencies by the Ministers of Labour, Social Security and Welfare and the

Minister of Interior. Their opinion should be based on the needs for highly qualified workers,

relying in particular on the interests of the national economy, the feasibility, the work offered by

nationals, European citizens or legally residing third-country nationals and the rates of

unemployment in each sector of employment.

In the context of the procedure above, after the jointly competent Ministers filed the relevant

request, the answers they received from all agencies related to eventual needs for transfers of highly

qualified workers from non-EU countries were negative. Thus, on the basis of the negative opinions

of the Economic and Social Committee, Greek Manpower Employment Organisation and the

Regions, the Ministry of Labour did not issue any such Joint Ministerial Decision for the two-year

period of 2013 – 2014.

Furthermore, in the framework of the national migration legislation,provisions are included on the

facilitated access of intra-corporate transferees. These are Article 19 Law 3386/2005 “granting and

renewing residence permits for third-country nationals relocated from an enterprise established in a

third country with a view to provide a service” and respectively article 18, item e of the new Code

of Migration and Social Inclusion regarding employees as high qualified technical personnel in a

27

corporation that has its seat in a third country with the view to provide services in the framework of

a supply contract.

Finally, it is worth notingthatwith regard to theintroductionof regulationto addressthe relative lackin

the respective field,andtofacilitate and enhancethe investments madein the country,Article6,

paragraph 1of Law4146/2013, established the right of ten-year residence in the country, for third-

country nationalswho legallyrepresentstrategic investment agents, as well as forten individuals

deemed necessaryforthe propercarrying outof this procedure.

3.3 Family reunification

2013 saw the planning of the new Code of Migration and Social Inclusion that codifies procedures

on family reunification in Article 7148

.

Moreover, the same Draft Code of Migration and Social Inclusion introduces a new provision that

stipulates that if members of the sponsor‟s family have been eventually staying in the Greek

territory before filing the application for family reunification, this will not be a reason for exclusion

and authorities will review the entry visa application by way of derogation, on condition that family

members, whose entry the third-country national requests, fulfil the criteria for their integration in

the country as set out in paragraph 14, Article 137 of this Code.

In addition a veryimportantisArticle74 of theDraft Lawon the ratificationof the Code

ofMigrationandSocialIntegrationon “non-recovery of adequateresources inthe renewalof the

residence permitfor familyreunification”.Thislegislationaimsto protectthe unity of thefamilyin case -

because of the financialsituation-the sponsor does not have thenecessary financialresources.

Asregardsthe currentstatus,itis noted that therules relating to thegrantingof residence permits

toproperty investors, whichhas been includedin Law 4146/2013,enablesfamilyreunification, an

elementwhich is expectedtoincrease the number ofresidence permits grantedforthis purpose. The

samestands forthe other provisionof Article 6of Law4146/2013,

“TowardsAmicableDevelopmentEnvironmentforStrategicandPrivate

Investmentsandotherprovisions”, whichprovides on the one hand for theright often-yearresidency

for the legal representativeandtenpersonsdeemed necessaryforthe propercarrying out of the

strategicinvestment, andon the otherparagraph2 of thisArticle regulatesthe residence statusof

thirdcountry nationals who holdor intendto investin property inGreece.

For thesetwo newcategories ofresidence permits, it is expressly providedthatthe parties“may be

accompanied by, in paragraph 1 of Article54 of Law 3386/05, members offamily, who aregranted

upon request with individual residence permitexpiringconcurrently withthepermit of

theirsponsors”49

.

48

Article 71 stipulates that: “A third-country citizen legally residing in Greece for a period of two years may ask, filing

a request, the entry and stay in the country of members of his or her family; to exercise this right, the sponsor shall have

to prove the family relation with the family members seeking establishment in Greece, as well as that he or she has

appropriate accommodation that will cover both his or her and their family members‟ needs, that he or she has a fixed

and regular personal income sufficient for his or her and their family needs and that he or she has full health insurance

for all risks covered for the respective categories of working nationals that may also extend to his or her family

members”. 49

Family members who are entitled to entry and residence means: Spouses, if they have completed 18 years of age,

including their children that are under 18 years of age, including those adopted, unmarried children under 18 of the

28

3.4 Integration

The policies ofintegration of migrantsin the current economicandsocial situation are

morecriticalthan everto preventamong otherintolerance andthreatto social cohesionandthe rule of

law50

.

Therecognition of the rightsof migrantsin employment, labour and social protection51

,as well asthe

consistent applicationof the relevantlegal frameworkwhich necessitates theincorporationof the

European Directiveon the status of third country nationals who are long-term residents

(2003/109/EC) andon familyreunification (2003/86/EK), remain themainchallenge of the Hellenic

Strategy for the integrationof foreigners inGreekterritory, despitetheobstaclesthat

emergemainlyinadministrativepractice. Among these, the most important is the permit of “indefinite

duration” that has substituted in practice the permit of long-term residents, without the rights

offered by the relevant permit. Thisis treatedadequatelyin the draft law“Code of Migrationand

Social Inclusion”, asthe legal residencefor twelveconsecutive yearswill be considered

aspresumption ofinclusion after the entry into force of the Code” (Article 91, Paragraph 2,

subparagraphd).

Also on12.3.2013a draft law was adopted in principle oncombating certain formsand expressions of

racismandxenophobia by means ofcriminal law, in accordance withFramework Decision2008/913

of the Council ofthe EUon 28November2008anddebate continueson the articles.

Unfortunately, with respect to familyreunification, itis noted thatin 2013, the practice of

consularauthorities torejectthevisainGreece, without legal justification, i.e. for the protection of

publicorder and securityor publichealth, persisted52

.

In the field of programmes and policies and with regard to the facilitation of integration of migrants

(including vulnerable groups) through their socio-economic participation, the National Strategy for

the integration of third-country nationals of 23/4/2013 proposes on an indicative basis the following

measures:

Reception – Introductory courses;

Access to social services;

Education and Greek language courses;

Employment and vocational training;

Fostering legitimate employment;

Combatting informal employment;

Fostering entrepreneurship;

Training;

Health;

Housing and quality of life;

sponsor or the other spouse, including those adopted, provided that the sponsor has the legal custody of them.. The

children of third country nationals who have been admitted in Greece with the terms and conditions of Article 36 A and

reach majority, are granted an autonomous residence permit. 50

See Recommendations of the Ombudsman to the Hellenic Presidency in the EU, 15 January 2014. 51

See ΔΜΝ Focused Study 2013, Access of migrants to social security and healthcare, at http://ec.europa.eu/dgs/home-

affairs/what-we-do/networks/european_migration_network/reports/docs/emn-studies/illegally-

resident/11b.greece_national_report_social_security_el_version.pdf 52

See relevant Annual Reports of the Ombudsman, 2012,

2013.http://www.synigoros.gr/resources/docs/stp_ethsia_2012.pdf and

http://www.synigoros.gr/resources/docs/stp_ethsia_2013.pdf

29

Targeted social groups: women, children, youth, second-generation immigrants, elderly,

people with disabilities.

For the social integration of migrants, the Directorate of Social Inclusion of the Ministry of Interior,

which is the competent authority of the European Fund of Integration of Third country nationals

(EIF) in Greece, has funded in 2013 various activities. In particular, the following projects per

Section have been concluded within 2013:

Sector: teaching of Greek language, Greek history and civilization

In line with the proposals set out in the National Strategy for integration of third country nationals

on the introduction of programs for newly arrived third country nationals to acquire basic

knowledge of the language, history, institutions, socioeconomic aspects, cultural life and the

fundamental values of the Greek society, the EIF funded the following actions:

a) Programmes and actions to teach Greek language, Greek history and civilization to adult

immigrants.

b) A five-language e-dictionary was created and distributed to associations of migrants.

c) Training in the Greek language through the use of new technologies.

Sector: Information-Services

In line with the National Strategy, regarding the participation of representatives of migrants (and

women) in the planning and implementation of integration policies, the following measures were

proposed:

Information and services;

Briefing;

One-stop shops;

Training of public servants;

Citizenship.

The following have been implemented through the Annual Programme for the European Fund for

the Integration of Third-Country Nationals within 2013:

Sector: Information and services

a) Establishment of offices for the provision of legal and administrative support and the production

of printed and electronic information material on legal and administrative matters concerning third

country nationals.

b) Establishment of a Register of trained Intercultural Mediators interconnected through an e-

platform.

c) Establishment of mixed youth centres.

d) Intercultural vocational training of public servants dealing with third-country nationals or

handling matters related to such.

Section: Information –Raising Awareness of host society on issues referring to the integration of

third country nationals –Strengthening of legally residing third country nationals and, Section:

Combating discrimination -raising awareness of society –responding to racism

30

In line with the proposals included in the National Strategy on Integration, regarding the prevention

of discrimination,the following steps were proposed:

Promotion of the equal treatment principle;

Combatting discrimination: Awareness-raising and combating racism;

Interculturality and intercultural dialogue;

Interreligious dialogue.

The following have been implemented in the context the Annual Programmes for the Integration of

Third-Country Nationals:

a) Neighbourhood actions. (Events in public places (squares) and implementations of thirty-seven

(37) workshops with the participation of both Greek nationals and immigrants in seven pre-selected

neighbourhoods of Athens and in one in Thessaloniki).

b) Promotion of interactive information campaigns in schools targeted at immigrants and local

students together with their parents through activities

c) Cultural festival. (Theater show with the participation of immigrants and three art festivls in

Athens, Thessaloniki and Heraklion).

d) Videos -stories with the life of immigrants; 20 short films were created that convey the everyday

life of an immigrant residing in Greece in a way that combines the experience and perceptions of

both immigrants and Greeks.

3.4.1 Citizenship-naturalisation

2013 was a turning point for the integration of migrants through acquisition of Greek citizenship,

since the plans of the government seem to include another change in the legal framework following

the trend of most European Union countries for strict conditions.

Changes involve two innovations introduced by Law 3838/2010 “Contemporary provisions for

Greek citizenship and political participation of expatriates and lawfully residing immigrants and

other arrangements” regarding how to address the issues raised by migration. Thefirst istogrant, for

the firsttime, to somecategoriesof legally residingthird-country nationalsandtheexpatriatesthe rightto

vote and be votedfor in local elections as members of local councils. Thesecond innovation, by

modifyingtheGreekCitizenshipCode,establishesspecific procedures

foracquisitionofGreekcitizenship for childrenof immigrants(the so-called “secondgeneration”), or

by birthand wheretheir parentsresidepermanentlyandlegally in thecountryforat least fiveconsecutive

years, orafter successfulcompletionof attending at least sixgrades in aGreekschool. At the same

time, it establishes Naturalization Committees within

allDecentralizedAdministrationstoconductindividual interviews ofapplicantsand draft a respective

opinion forthe Ministry ofInterior.

This law has, upon submission in the Parliament as a draft, provoked many reactions by certain

members of the Parliament and the society, since it was considered rather revolutionary than the

previous Code of Citizenship53

.Consequently,thereactions in2013 werecaused by theobligation of

the Greek government to comply withthe Judgment460/2013of theCouncilof State (CoS),

whichheldunconstitutionalthe provisions1Aand 24of Law3838/2010regardingtheacquisition

ofcitizenshipby birthorschooling. In particular, the judgmentdid not rule outthe automaticacquisition

53

See Annual Report EMN2012.

31

ofcitizenshipthrough birthorschooling, but considered that,apart fromthe formal

requirements,substantive criteria should be fulfilledthat seek to demonstratethe genuinebond of the

foreigner withthe Greeksociety54

.

Indeed, a particular problem was the factthateven before thepublicationof Judgment460/2013 of the

Council of Stateand based on publications about its content, the Office of the Alternate Minister of

Interior issued the document No.965/15.11.2012document, which ordered the decentralized

administrations and municipalities to suspend the procedure of granting citizenship in view of the

prospectivepublication of the judgmentof theCouncil of State onthereview of the constitutionalityof

Articles1and 24of Law3838/2010. Forthis developmentthe Ombudsman55

, havingalready taken

intoaccountcases covered by the above document,expressed in itspress releaseof6.12.2012“deep

concern and notedthat municipalitiesand the decentralizedadministrations shouldapplythe current

lawuntilmodified orreplacedbyotherlegislation, while any otherinstruction to the contrary does not

relievetheadministrative bodiesofthetheir responsibility”. Indeed, it is interesting that, according to

the Ombudsman, the decision is made, essentially, not against Law 3838/2010, but Ministerial

Decision 130181/2010 which has fixed the applications for registration in the population register in

these cases56

.

The incident was so highly publicized57

because apart from the legality issues, it highlighted the risk

of very serious substantive problems not only from the temporary suspension, but also from the

abolition of the possibility of acquisition of Greek citizenship by declaration”, given the fact that the

provisions in question concern only minors or minors that have recently reached majority, who

were born, educated and lived for many years in Greece legally and without having met another

country or lived in another society outside the Greek one. Thus, the Ombudsman “urged the

Ministry of the Interior totakeall necessarymeasures to adapt, ifthe need arises,theprocess of

awardingcitizenshiptoconstitutionalchecksand alsoto regulate thetransition state, whereasanynew

arrangements shouldensureforthe protection ofminor aliens”58

.

Judgment 460/2013 of the Council of State was finally published on 4.2.2013. By virtue of

document no 863/20.5.2013 of the Office of the Deputy Minister of Interior and document no

F.130181/14394/4.6.2013 of the Naturalization Directorate, the Ministry of Interior allowed the

registration in the population registry of those that had publication in the Government Gazette until

15.11.2012, a time limit that coincides with the order of suspension.

As aresult of this development, the Ministry ofInteriorredrawstheframework governingthe legalityof

residence of thosepreparing toundergo theapplicable proceduresof acquisitionof nationality, so as to

54

“The legislator, during the designation of conditions for the acquirement of citizenship by foreigners, could on the

one hand designate ways of acquiring the Greek citizenship by derogation from the basic principle of the law of

origin…and designate ways of acquiring the citizenship on the basis of the law of territory and further establish these

cases and their procedural requirement… however this should be combined with substantive criteria, so that the genuine

bond of the foreigner with the Greek society is certified”, see judgment 460/2013, at

http://www.constitutionalism.gr/site/wp-content/uploads/2013/06/2013STEΔ460.pdf 55

See Ombudsman, Pending applications of acquirement of citizenship, according to article 1a Greek Citizenship Code,

25.7.2013, http://www.synigoros.gr/resources/eggrafo--i8ageneias-gia-site.pdf 56

The applications pending at the municipalities‟ or decentralized administrations‟ services were rendered ineffective,

but not the publication in the Government Gazzette, the oath and the registration in the males‟ registry and the

populations registry, ibid. 57

See relevant articles http://news.in.gr/greece/article/?aid=1231221978 and

http://www.tovima.gr/society/article/?aid=487284 58

ibid.

32

enable them toremain activeandintegratedmembers of theGreeksociety.The needforlegislative

planning emanatesultimatelyfromtheown interestofGreeksocietyandthereliabilityof theGreekstate,

butit is also an obligation to protectthe rights ofminorsand youngforeignersin accordance with

international law.

Meanwhilenaturalizationafterpersonalinterviewof the foreignerandrecommendation of the

Naturalization Committees of Law3838/2010 at the DecentralizedAdministrationscontinued in2013,

although theprocess istedious, time-consuming59

andcostly(for the applicant). The process from

submission of theapplication until theinterviewlastsan average of twoyears, mainly because of

inadequate staff at the naturalizationservices, but also due tothe large numberof applications

thathavematuredand are awaitingcall. But also after theinterview, thetranscriptof the minutesand the

sending ofthe opinion tothe Ministry of Interior, the process will not be

completedbeforeanotheryear, at best.Thus, in 2013, 18.558expatriates were naturalized, 1866 of

other ethnic origin, 928 by birth,1263 based on other provisions and 2.249 minor children of

naturalized individuals60

.

3.5 Management of migration and mobility

3.5.1 Visa policy and Schengen governance

Theonly developmenton visasfor 2013 was in the contextof implementationof the Action Planon

Asylum andMigrationandfocuses on the more effectivemanagementof migrationby

controllingtheentry pointsof the country. In particular, inJuly 2013, the installation ofequipment

necessaryfortheoperation of the Visa Information System (VIS)at the entry pointsof the country was

concluded61

.

For the developments regarding Schengen governance see Sections 3.5.2 and 3.5.3 (since the

Hellenic frontier is also the external frontier of the EU).

It is very important that in the Report of the Special Committee on Evaluation of proper

implementation of the Schengen acquis - October 2013, the Evaluation Committee “appreciated the

clear and visible improvement in equipment and infrastructure” regarding border control,

recognizing that “there is a clear strategic design and visible improvements in many areas

contributing to the correction of deficiencies”, while “noted very positive the fact that Greece is

increasingly taking the lead again in border management”. TheEvaluation Committeeconsidered as

noteworthy“the rather strategic approachto the movement offoreigners, with the newly

createdmapping of movementof foreigners, the growingnumber of specialactivitiestargetingspecific

threatswith cleargoals and objectivesthat indicatethatthere is an increasedalertnessandbetter

developedresponse capabilityat alllevels”.

3.5.2 Border control

59

Question no 6272/580 of SYRIZA Members of Parliament to the Ministers of Interior and Economy regarding the

purposeful delay in the naturalization of migrants, see http://www.syriza.gr/article/Erwthsh-kai-Aithsh-Katatheshs-

Eggrafwn-boyleytwn-SYRIZA-pros-toys-Ypoyrgoys-Eswterikwn---Oikonomikwn:-Methodeymenh-kathysterhsh--sthn-

politografhsh-metanastwn.html#.U44fthb6kkc 60

See for the relevant statistics, http://www.ypes.gr/UserFiles/f0ff9297-f516-40ff-a70e-

eca84e2ec9b9/StatsCategory_2011_2013_04032014.pdf 61

According to the information received for the aims of the present study from the Aliens Directorate of the Hellenic

Police. See also Progress Report January-May 2013 of the National Plan of Action for Asylum and Migration.

33

The issue of border control is a matter of concern both for Greece as well as other member states of

the EU, since the external frontier of Greece is also an entry point on the EU territory.

The Progress Report of January- May 201362

of Greece's National Action Plan on Asylum Reform

and Migration Management, as for control at entry points, reports the following:

The installation of the Visa Information System (VIS) equipment at the border crossing

points of the country (all the external borders) is close to completion.

The tendering process regarding the procurement of the necessary equipment for the

operation of the European Advanced Passenger Information System (APIS) it is in progress (all

external borders).

The Civil Aviation Authority has installed and uses specific application in order to control,

assess and elaborate the sanctions imposed by the peripheral agencies of Passport Control on the

airline companies (aerial borders).

It is also noted that the proposals by the European Commission on „smart‟ borders are still under

discussion in the relevant Working Group of the Council “Borders” and therefore there are no

developments in the national plans on whether agreements with third countries on border

management will be connected with: i) the EU Entry- Exit System, ii) the EU Registered Traveller

Programme, iii) the Schengen Information System (SIS II) and iv) European Border Surveillance

System (EUROSUR).

The operational activities of the Hellenic Police during 2013 confronted illegal migration flows per

geographical region of origin (for instance Operation “Shield” at the greek-turkish land border,

Operation “Sarisa” focusing on the control of secondary migration flows moving to countries at the

north and north-west border of the country and other operational activities).

The Progress Report of January- May 2013 of Greece's National Action Plan on Asylum Reform

and Migration Management, regarding the surveillance of sea and land border, reports the

following:

Operation “Shield” in Evros, which started on the 2/8/2012 with the deployment of 1.881

border guards and aiming the enforcement of the border control on the Greek-Turkish frontier and

subsequently the prevention of illegal entrances, has led to a 96.8% reduction of migration flows

towards Greek-Turkish land borders (287 arrests for the first 4 months of 2013 versus 11.417 for

the same period of 2012) and continues up until today, with reduced power (735persons), while the

Greek government intends to continue it at least until June 2014.

The extension of the existing integrated border surveillance in Evros (i.e. thermal cameras)

is in progress. Its aim is the enhancement of control capacities, the parallel reduction of the

deployed human resources and consequently the limitation of the respective costs. The relative

project is covering 90 km of the Alexandroupolis P.D., and was expected to be completed by the

end of June 2013. The respective project covering 70 km of the border was completed in the

Orestiada P.D. area.The completion of the programme covering 35km in Orestiada area is expected

by the end of the year.

Moreover, on June 2013 the establishment of five (5) Regional Operational Centres at the

Eastern Aegean Islands (Lesvos, Chios, Samos, Kos and Rhodes) was envisioned. According to the

62

http://www.statewatch.org/news/2013/jun/eu-council-greece-asylum-action-plan-10327-13.pdf

34

Aliens‟ Directorate of the Hellenic Police, the Centre of Lesvos isindeed operational (since

25/10/2013).

Furthermore, according to the Report of the Special Evaluation Commission for the correct

implementation of the Schengen aquis- October 201363

, the Commission “appreciated the clear and

visible improvement in equipment and infrastructure” regarding border control, recognizing that

“there is a clear strategic design and visible improvements in many areas contributing to the

correction of deficiencies”. In parallel, “noted very positive the fact that Greece is increasingly

taking the lead again in border management”.

TheEvaluation Committeeconsidered as noteworthy“the rather strategic approachto the movement

offoreigners, with the newly createdmapping of movementof foreigners, the growingnumber of

specialactivitiestargetingspecific threatswith cleargoals and objectivesthat indicatethatthere is an

increasedalertnessandbetter developedresponse capabilityat alllevels”.

Furthermore, it “recognised the positive development of international cooperation with Turkey and

Bulgaria”.

As for the land border situation, the Evaluation Commission “recognized the progress made

regarding the development and the implementation of the peripheral strategy, the improved

awareness of the situation due to the reinforced risk analysis and the current report submission

system, as well as the role of Regional Coordination Centers- OPC.

It also assessed positively the “progress that has been made in the field of technical systems of

border surveillance, as well as in the completion of the border fence”. Furthermore, the Evaluation

Commission “positively assessed the additional personnel detached in the region (under Shield

Operation).

It follows from the above that in 2013 there were systematic efforts to control the borders with the

aim of preventing illegal migration. However, one should note that there was no facilitation of entry

and access to asylum procedures for individuals in need of international protection. To the contrary,

the Minister of Public Order and Citizen Protection responding to a question of members of the

parliament belonging to the opposition regarding the “Proposal for a wide range operation of search

and rescue of FRONTEX in the Mediterranean”, highlighted that “the continuation of the

operational activities is considered necessary for the management of the illegal migration flows

heading to Greece and Bulgaria, in particular amidst the crisis in Syria”64

.

In addition, theroutes followed byrefugeesand migrantsmovedfromlandtoseaentry pointsin order to

reducethe chances oflocatingand removingthem. Thishasresulted in theloss of humanlife atseaand

thestrengthening of networks of illegaltrafficking, which was an issue of concern for the EU at the

level of Europeanasylum and immigration policy.

63

See Fourth bi-annual report on the functioning of the Schengen area 1 May - 31 October 2013,Brussels, 28.11.2013

COM(2013) 832 final, http://ec.europa.eu/dgs/home-affairs/e-library/documents/policies/borders-and-

visas/schengen/docs/fourth_biannual_report_on_the_functioning_of_the_schengen_area_en.pdf. It mentions in

particular: «Following the revisit to Greece in October 2013, the Commission notes the progress made in the

management of the country's external borders, invites Greece to continue the implementation of its Schengen action

plan and reiterates its commitment to support the Greek efforts, i.e. through the External Borders Fund, the future

Internal Security Fund and through Frontex assistance.” 64

http://www.hellenicparliament.gr/UserFiles/67715b2c-ec81-4f0c-ad6a-476a34d732bd/8242094.pdf

35

3.5.3 Frontex

The axesof the IntegratedBorder ManagementProgrammeto CombatIllegal Migrationofthe

Ministryof Public Order Citizen Protection, in cooperationwithFRONTEXhave four main pillars: a)

strengthenborder controlby exploitingadditionalhumanresources and meansof modern technology;b)

improve the asylum process, making theexistingmostefficient andrapid;c) establish the First

Reception Service, which,when itbecomesfullyoperational,will facilitatetheidentification

procedures(screening)and detention;d) improve returnand assistedvoluntary returnthroughIOM.

All four pillars were activated in 2013. As to the first one, in the framework of the regional

programme of FRONTEX “Poseidon”, the following operations were concluded: Poseidon 2013,

land” (27.03.2013-01.01.2014, Athens, Alexandroupoli, Orestiada, and Greek-Bulgarian borders)

and «Poseidon 2013, sea» (01.04.2013-31.10.201365

, Eastern Aegean and Eastern Ionian Sea, the

sea covering Limnos to Castellorizo, from Karpathos to Crete, and from Crete to Corfu), as well as

the Program «Attica 2013» (27.03.2013-27.03.2014, covering Greek-Turkish borders, Samos and

Lesvos. Another Operation that was implemented was, «Focal Points land 2013» (in Orestiada and

Kipous Evros, on a permanent basis, and during all 2013 and in the Greek-Albanian borders, in

Kakavia –from May-till November 2013 and Krystallopigi –from February till August 2013.

Moreover, the Program «Hammer 2013» that concerns exchange of statistics.

65

Extended till April 2014.

36

4. INTERNATIONAL PROTECTION INCLUDING ASYLUM

The most important changes remarked in 2013 in relation to international protection concern the

asylum system and the first reception procedures.

After Greece‟s commitments for a fair and effective asylum system in compliance with the

European acquis in the framework of the Common European Asylum System (CEAS), Law

3907/2011 was adopted in 2011. The said law provided for the establishment of the Asylum

Service, the Appeals Authority and the First Reception Service. The First Reception Service had

gradually deployed its operations, while the new Asylum Service and the Appeals Authority began

finally their work on June 7th

, 2013. The establishment of the said services marked the beginning of

the new asylum system in Greece under the Reviewed Action Plan on Migration and Asylum66

.

Up to that date, the Hellenic Police was responsible for examining requests for international

protection. Appeals against first-instance decisions were reviewed by 10 Appeals Committees that

report to the Ministry for Public Order and Citizen Protection under transitory PD 114/2010.In June

2013, outstanding asylum requests were estimated at 35,16467

.

Now, the Hellenic Police is still responsible forthe requests for international protection filed up to

June 7th

, 2013, (the so-called “backlog”), while the said Appeals Committees are responsible for the

examination of outstanding requests at second instance. These Committees that increased from 10

to 20 in 2013 for the speedier clearance of the backlog, improved the quality of the asylum

procedure, the content of decisions and raised the rates for granting international protection (that

were particularly low in the past).

As of June 7th

2013, all requests for international protection are filed to the new Asylum Service, to

be more exact, to the Regional Asylum Offices or the asylum teams operating in various locations

of the Greek territory. June 7 2013 was the opening date of the Regional Asylum Office while a

little later, on July 11 2013, the Regional Office for Northern Evros at the Border Post began

receiving asylum requests. On July 29, 2013 the Regional Office for Southern Evros began

operations, and more specifically the unit that operates within the Department of Border Guard of

Iasmos, Komotini, while another Regional Office opened on the island of Lesvos, at the Screening

Centre for Aliens, Moria, on October 15th

, 2013. A unit also started to operate within the Special

Holding Facility for Aliens of Amygdaleza (Attiki). In January 2014, the Regional Office on

Rhodes and an independent team in Thessalonica began their work. However, planning based on

Law 3907/2011 includes the establishment of 13 overall Regional Asylum Offices, to cover the

need for access to the asylum procedure, all over Greece. It is worth noting that in the first six

months of its operations, the Regional Asylum Office in Attica received 4,189 applications for

international protection68

. Furthermore, near-future planning provided for the operation of more

66

Greek Action Plan οn Asylum And Migration Management, Executive Summary, Progress Report, January – May

2013http://www.europarl.europa.eu/meetdocs/2009_2014/documents/libe/dv/p4_progressreport_/p4_progressreport

_en.pdf.

67 Op. cit.

68 Press Release of the Asylum Service, 2 December 2013

http://www.minocp.gov.gr/asylo.php?option=ozo_content&perform=view&id=4860&Itemid=465&lang=

37

Regional Asylum Offices69

, which however have not been established yet. As only 5 out of the 13

Regional Asylum Offices are available, access to the asylum procedure is not unhindered,

considering that waiting time is long on the one hand and asylum-seekers have to travel to a

location where there are Regional Asylum Offices, on the other70

.

On the same aforementioned date, the Appeals Authority was established, an independent political

service that reports to the Ministry for Public Order and Citizen Protection. In its first year (2013)

the Appeals Authority comprised of 19 independent three-member Appeals Committees,

responsible for reviewing requests for international protection at second instance.

The operations of the First Reception Service, which had been established by Law3907/2011 began

were systematically expanded in 2013; in particular, the First Reception Centre (in Greek KEPY)

(which is a “closed” type facility, where third-country nationals are in a status of “restriction their

liberty” under Law 3907/2011), began its work in Orestiada Border Post (Fylakio), while the

respective KEPY on Lesvos is under construction. First Reception Mobile Units are available at the

“Screening Centres for Aliens” on Chios and Samos since 2013.

It should be clarified that under PD 220/200771

, the institution responsible for the reception of

asylum-seekers was the Ministry of Health; now the institutionresponsible is the Ministry for

Labour and Social Security72

. On the other hand, the First Reception Service is responsible for the

management of irregular immigrants in Greece, their screening into asylum-seekers, vulnerable

groups etc and then their referral to appropriate accommodation structures, or the asylum service or

to the competent authorities for return procedures, depending on the individual case. In 2013, Law

4172/2013 added one more responsibility to the First Reception Service, i.e. the ability to establish

accommodation facilities for asylum-seekers and vulnerable third-country nationals. The

government‟s aim under the Action Plan is to increase open accommodation facilities(see below

paragraph 4.2), which are limited for the moment, they do not cover housing needs of vulnerable

groups and they face many difficulties (for instance, operating costs etc).

4.1 International protection procedures

As aforementioned, as of June 2013, two parallel procedures for the examination of asylum requests

are running in Greece:

First, is the procedure for the examination of outstanding asylum requests (backlog). These requests

are examined, atfirst instance, by the Hellenic Police (in the past the only agency competent to

receive and examine asylum requests) and at second instance, by 20 Appeals Committees. The key

legislative instruments in this procedure are PD 114/2010 establishing a single procedure for

granting the refugee status or subsidiary protection to aliens and stateless persons in compliance

with Directive 2005/85/EC of the Council “on minimum standards on procedures in Member States

69

Regional Offices in Thessalonica, Samos, Chios, Heraclion and Patras have not been established yet. See above Press

Release of the Asylum Service, 2 December 2013.

70 Communication from an NGO (HLHR - Hellenic League for Human Rights) (12/11/13) in the case of M.S.S. v.

Belgium and Greece and reply of the Greek authorities (22/11/2013) (Application No. 30696/09)

71PD 220/2007 aligning Greek laws with the provisions of Directive 2003/9/EC of the Council of January 27

th, 2003, on

minimum standards on the reception of applicants for asylum in Member States (ΔΔL 31/6.2.2003).

72 By Article 9, Law 4052/2012 the General Secretariat for Welfare was transferred to the competence of the Ministry of

Labour and Social Security that is now the ministry competent to manage the European Refugee Fund (2008-2013).

38

for granting and withdrawing refugee status” (L 326/13.12.2005)and PD 141/2013 that “aligns

Greek legislation with the provisions of Directive 2011/95/EU of the European Parliament and the

Council of December 13th

2011 (L 337) on standards for the qualification of third-country nationals

or stateless persons as beneficiaries of international protection, for a uniform status of refugees or

for persons eligible for subsidiary protections, and for the content of the protection granted

(recast)”. PD 141/2013 was adopted in 2013 to align national legal order with the recast directive.

The protection that may be granted at this stage is refugee status (Article 13, PD 141/2013),

subsidiary protection (Article 18, PD 141/2013) and the so-called “status of residence for

humanitarian reasons”73

, under Article 28, PD 114/2010.

The UN High Commissioner for Refugees detects problems in the said process and recommends the

following steps: fair and effective examination in the first instance of the backlog requests, timely

renewal of asylum-seeker permits, timely and properdelivery of invitations to an interview and

decisions on asylum, acceptance of documents related to asylum etc74

.

Second, the new asylum procedure for requests for international protection.These requested are

examined at first instance by the Regional Asylum Office of the Asylum Service and at second

instance by the Appeals Committees of the Appeals Authority. The key legislative instruments that

govern the relevant procedure are: a) PD 113/2013 “establishing a single procedure for granting the

refugee status or subsidiary protection in compliance with Directive 2005/85/EC of the Council “on

minimum standards on procedures in Member States for granting and withdrawing refugee status”

(L 326/13.12.2005) and other provisions” and b) PD 141/2013 “aligning Greek laws with the

provisions of Directive 2011/95/EU of the European Parliament and the Council of December 13th

2011 (L 337) on standards for the qualification of third-country nationals or stateless persons as

beneficiaries of international protection, for a uniform status of refugees or for persons eligible for

subsidiary protections, and for the content of the protection granted (recast)”. Both laws (on the

procedures and the status granted) were adopted in 2013.

The protection that may be granted is refugee status (Article 13, PD 141/2013) and subsidiary

protection (Article 18, PD 141/2013). Article 33, PD 113/2013, foresees also that in case an

application for international protection by a third-country national or a stateless person has been

finally rejected and the competent Appeals Committees consider that the applicant fulfils the

conditions to be granted a residence permit for humanitarian reasons, they refer the case to the

competent authorities under Article 44, Law 3386/2005, as applicable, that decide on granting the

said permit. This provision transferred the competence to grant humanitarian status to the Ministry

73

To approve the residence of an asylum-seeker for humanitarian reasons, authorities take into account the objective

inability for removal or return to their country of origin or usual stay for reasons of force majeure, such as serious

health reasons of the applicant or a member of their family, international blockade of their country, civil wars

accompanied by mass violations of human rights, or the existence of the conditions prohibiting forced return

(refoulement) under Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms

that was ratified by Article 1 of LD 53/1974 (Α' 256) or under Article 3 of the New York Convention of 10

December 1984 againstTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by Law

1782/1988 (Α' 116).

74 UN High Commissioner for Refugees, Current Issues of Refugee Protection in Greece (2013) available at

http://www.unhcr.gr/fileadmin/Greece/News/2013/PCjuly/2013_July_Positions_GR.pdf and for the English

version at http://www.unhcr.gr/fileadmin/Greece/News/2013/PCjuly/Greece_Positions_July_2013_EN.pdf

39

of Interior, which is responsible for granting residence permits for humanitarian reasons in the

context of migration laws. The new Code of Migration will regulate in detail these cases, while up

to its adoption and entry into force;Article 44, Law 3386/2005, regulates such casesas applicable.

We must also note that the Greek Office for Dublin Regulation now runs in the context of the new

Asylum Service.

4.2Reception of applicants for international protection

As mentioned before, the new First Reception Service, responsible for handling irregular third-

country nationals entering Greece intensified its activities in 2013. The first First Reception Centre

(in Greek KEPY) began its operations at Orestiada Border Post. A respective KEPY in Lesvos is

under construction. Mobile First Reception Units operate as of 2013 at the Screening Centres for

Aliens on Chios and Samos. However, there are deficiencies in terms of staffing of the First

Reception Service, while more KEPYs or mobile units would be required at other locations of the

country for covering first reception needs at entry points that have an increased number of arrivals

of refugees and immigrants75

.

The Centres and the Mobile First Reception Units are responsible for confirming the identity and

the citizenship of incoming third-country nationals, their registration, the care for vulnerable

groups, their information on their rights and obligations, i.e. the conditions for granting

international protection status and their referral to the competent Regional Asylum Office in case

they request international protection. The stay of third-country nationals in First Reception Centres

is brief, while during their stay they are under “a status of restriction of their liberty” (Article 13,

Law 3907/2011). Moreover, according to Article 11, Law 3907/2011, each stage of the First

Reception procedure entails the referral of the applicant for international protection to the

competent Regional Asylum Office.

Furthermore, the First Reception Service refers vulnerable cases to accommodating facilities.

However, there are many deficiencies in terms of strufacilities available for the accommodation of

asylum-seekers and other vulnerable groups, such as unaccompanied minors. The “open”

accommodation facilities, operate under the supervision of the Ministry of Labour and Social

Security and they are run by NGOs76

. All Reception Centres available in the country have an

overall capacity of 1,000 persons /places. According to a report by the National Centre for Social

Solidarity, in 2012 56% of the requests for accommodation of asylum-seekers and unaccompanied

minors were met77

.

An important development within 2013 was the fact that Law 4172/2013 added one more

responsibility to the First Reception Service, i.e. the ability to establish accommodation facilities for

asylum-seekers and vulnerable third-country nationals.

75

UN High Commissioner for Refugees, Current Issues of Refugee Protection in Greece (2013) available at

http://www.unhcr.gr/fileadmin/Greece/News/2013/PCjuly/2013_July_Positions_GR.pdf and in English at

http://www.unhcr.gr/fileadmin/Greece/News/2013/PCjuly/Greece_Positions_July_2013_EN.pdf

76 Reception and Hosting Centres in Greece http://www.unhcr.gr/genikes-

plirofories/ellada/artikel/71928feeaa814ed87baf591ec92b8ec7/kentra-ypodochis-kai.html and EKKA

http://www.ekka.org.gr/files/YPXEN.pdf

77 UN High Commissioner for Refugees, Current Issues of Refugee Protection in Greece (2013) available at

http://www.unhcr.gr/fileadmin/Greece/News/2013/PCjuly/2013_July_Positions_GR.pdf and in English at

http://www.unhcr.gr/fileadmin/Greece/News/2013/PCjuly/Greece_Positions_July_2013_EN.pdf

40

Under PD220/2007 the competent service to manage accommodation requests of asylum-seekers

and other vulnerable groups is the National Centre for Social Solidarity (EKKA) that now reports to

the Ministry of Labour and Social Security78

.The effort to reform the system of referrals of asylum-

seekers to accommodation facilities with the assistance of European Asylum Support Office

(EASO)is considerable.

In relation to the establishment of new accommodation facilities, according to the interim progress

report on the implementation of the Action Plan on Asylum and Migration79

“two open

accommodation centres are already available in the district of Athens. The facilities, situated in the

district of Athens, will accommodate vulnerable groups, mainly unaccompanied minors. Both

facilities will be operational by October 2013, as its running costs have been secured for a year

under ΔΔΑ Grants. After the first year of operation, the running costs will need to be covered by

the New Multiannual Financial Framework (2014-2020)”. The same report mentions that two more

centres suitable for the accommodation of asylum-seeker families have been identified in Attica and

Serres. The operation of these facilities will be feasible once their running costs are secured under

the new Multiannual Financial Framework (2014-2020).

Moreover, in the presentation of the latest development on the establishment and operation of First

Reception and Asylum Service to the Justice and Home Affairs Council in Luxembourg (October

2013), the Ministry for Public Order and Citizen Protection noted that “we have found 6 facilities

that are suitable to run as open accommodation centres, of a capacity of 1,000 people”, adding that

“3 out of these are expected to open until February 2014; an ΔΔΑ Grants amount that will cover the

first year of its operations is expected to be paid. Thereafter, as is the case for other centres, their

operation will be possible as long as their running costs are covered by the new Multiannual

Financial Framework (2014-2020)”.

Despite the confirmed needs in “open” accommodation centres, more detention centres were

created in 2013 (for instance “screening centres” were established on Chios and Samos).

According to the applicable provisions, detention of asylum-seekersmust be applied exceptionally,

only in limited cases80

. However, detention of asylum-seekersis applied extensively. The detention

time is up to 18 months81

(PD 113/2013 and PD 114/201082

). Concerning conditions of detention,

many international and national organizations or institutions still speak about “unsuitable detention

78

Formerly, it reported to the Ministry of Health.

79 Greek Action Plan οn Asylum And Migration Management, Executive Summary, Progress Report, January – May

2013, available at

http://www.europarl.europa.eu/meetdocs/2009_2014/documents/libe/dv/p4_progressreport_/p4_progressreport_en.

pdf.

80 See Article 12, PD 113/2013.

81 Although, other than the time referred to in this report, we should note that Opinion No. 44/2014 by the Legal

Council of State, co-signed by the Minister for Public Order and Citizen Protection thus making it

necessarily enforceable by the Administration, provides for the indefinite detention of aliens as a step for the

“forced stay” in a detention centre. On the other hand, the Administrative Court of First Instance of Athens, by

its Judgement No. 2255/23.5.2014 held that the indefinite detention of an alien is not consistent with the applicable

laws, because it has no legislative basis.

82 Detention time had already increased since 2012 by PD 116/2012.

41

conditions or conditions that lag well behind international standards on human rights”83

, while

Greece has been convicted 11 times (2009-2012) on this issue by the European Court of Human

Rights.

“Xenios Zeus” operation concerning the arrest of third-country nationals residing in Greece without

legal documents in order to be removed or returned, began in August 2012 and continued within

2013. As remarked by the UN High Commissioner for Refugees, in the context of this operation,

“detention decisions are issued systematically, without a specific, individualized and satisfactory

justification, as dictated by international and European legislation”84

. Among those arrested, there

are persons that have had no access to the asylum procedure, including individuals whose removal

is not possible for various reasons. Therefore, considering that the intended purpose may not be

achieved, administrative detention in such cases is inconsistent with the law.

We should note that the provisions of the new PD 113/2013 do not prohibit the detention of

unaccompanied minors which are still boadly imposed85

. It is worth also to note Single-Member

Court of Misdemeanours in Igoumenitsa Judgement No. 682/2012 that concerned the escape of 17

aliens from the detention cells of the police division of Thesprotia. The court held that “the

conditions experienced by the detainees […] were deplorable and extremely dangerous for human

beings”, that the detainees “escaped to prevent severe harm to their health that could not be avoided

by any other means and that was not their own fault” and thus decided to acquit them from the

offence of escaping.

An important development would also be the issuance of Ministry of Health Decision No.

Υ1.Γ.Π.οικ.92490/2013 on a Programme offering medical checks, psychosocial diagnosis, as well

as support and allocation of irregular incoming third-country nationals to first reception structures;

the same decision also established for the first time a process for determining the age of minors.

Moreover, by decision of the Deputy Minister of Health, Ministerial Decision No. ΓΥ39α

ΦΔΚ1002/Β/2-4-2012 that among others forced aliens to a medical examination and hospitalization

in specific areas was abolished.

4.3 Integration of asylum applicants and persons with international protection status

At a level of legislative provisions and declarations, the inclusion of asylum-seekers and other

beneficiaries of international protection is one of the components of the national policy; the

European Refugee Fund sponsors relevant Programmes. One of the issues highlighted in 2013 as a

result of the economic crisis is whether they effectively enjoy their social rights. Thus, recent PD

141/2013, explicitly reflects in Articles 27 et seq. the recognition of beneficiaries of international

protection as carriers of social rights, however not all social rights are acknowledged in the same

terms as for Greek citizens. Practicing such rights is subject to the conditions applicable for legally

83

UN High Commissioner for Refugees, Remarks regarding the administrative detention of third-country nationals in

Greece, including asylum-seekers, 20 August 2013 and references therein to the recent findings of other

international agencies, available at

http://www.unhcr.gr/nea/artikel/2793ecbd10b3df365cbd7384ab67661a/episimanseis-scheti.html

84 UN High Commissioner for Refugees, Current Issues of Refugee Protection in Greece (2013) available at

http://www.unhcr.gr/fileadmin/Greece/News/2013/PCjuly/2013_July_Positions_GR.pdf and in English at

http://www.unhcr.gr/fileadmin/Greece/News/2013/PCjuly/Greece_Positions_July_2013_EN.pdf

85 See below, section 5.

42

residing third-country nationals86

.The social rights of asylum-seekers or beneficiaries of protection

are the following:

- Access to medical care for acknowledged refugees or beneficiaries of subsidiary protection as for

Greek citizens (PD 141/2013).

- Beneficiaries of international protection with special needs, such as pregnant women, victims of

any kind of abuse, torture or armed conflicts are entitled to medical care as for Greek citizens (PD

141/2013).

- Beneficiaries of international protection are granted a work permit as for Greeks, or a permit to

practice a freelance profession under the procedure foreseen for aliens (PD 141/2013).

- They also have the rights to participate in vocational training programmes via the Greek

Manpower Organisation, in the same way as Greek citizens (PD 141/2013).

- Underage aliens attending any school grade have access to the activities of the educational

community and after finishing their cycle in secondary education; they have the right of access to

university education, on the same terms as Greek citizens (PD 141/2013).

- Adult beneficiaries of international protection are allowed access to the general educational

system and to vocational training/lifelong learning programmes as for legally residing third-country

nationals (PD 141/2013).

-Beneficiaries of international protection enjoy equal treatment with Greek citizens as regards the

recognition of their certificates (PD 141/2013).

- Beneficiaries of international protection are offered the necessary assistance in matters of social

assistance as for Greeks (PD 141/2013).

- As to social security, Articles 39, Law 2910/2001 and 27, par 3, PD 141/2013 apply.

- As to the right to housing: PD 141/2013, (Article33) concerns access to an accommodation for

beneficiaries of international protection on the same terms applicable for legally residing third-

country nationals.

Concerning the Programmes of the European Refugee Fund, the targets of the actions sponsored

concern:Increasing capacity and upgrading services in accommodation facilities for asylum-seekers

(Action 1.Α.1), Legal advisory services and legal aid to asylum-seekers and persons granted

international protection (Action 1.Α.3), Social care, health or psychological care and related

services, emphasising on the care of vulnerable groups within the target group (Action 1.Α.4);

furthermore, advice and assistance in areas such as housing, means of subsistence, integration into

the labour market, medical, psychological and social care (Action 1.Β.1) and Activities focusing on

education, vocational training and language classes (Action 1.Β.3).

4.4 Measures to implement aspects of the CEAS

The reform of the asylum system in Greece and all steps taken in the context of the revised Action

Plan on Asylum and the management of Migration outlined above aim at improving effectiveness,

86

See Information Bulletin of the Asylum Services and Appeals Authority, Issue No. 9, November 2013.

43

quality and speed of the national asylum system and to secure its alignment with the Common

European Asylum Policy. The launch of the Asylum Service, the Appeals Authority and the First

Reception Service (as well as the First Reception Centres) has already incurred significant changes

to the asylum procedure and to the reception of asylum-seekers in Greece. According to official

information, since June 7 2013 (the date the new Asylum Service and the Regional Asylum Office

in Attica began their operations) to November 29 2013, 4,189 requests for international protection

had been filed overall (3162 by men, 1027 by women and 171 by unaccompanied minors).

However, recognition rates in the same period were low. In the first instance, granting rate for

refugee status was 8.9% and 3.8% for subsidiary protection, while in the second instance (in a total

of 462 judgements) the respective rates were 3% (refugee status) and 1% (subsidiary protection)87

.

Furthermore, one more significant step for the transposition of the European acquis was the

adoption of PD 141/2013, which “aligns Greek laws with the provisions of Directive 2011/95/EU of

the European Parliament and the Council of December 13th

2011 (L 337) on standards for the

qualification of third-country nationals or stateless persons as beneficiaries of international

protection, for a uniform status of refugees or for persons eligible for subsidiary protections, and for

the content of the protection granted (recast)”.

Finally, co-operation with the Asylum Support Office (EASO) in implementing the Action Plan on

Asylum and Migration is crucial for achieving harmonization towards a Common European Asylum

System88

.

In relation to the adoption of recast directives and regulations89

, it is worth to note that the Minister

for Public Order and Citizen Protection stated in an interview that “we disagreed with Dublin ΙΙΙ

Regulation, i.e. the reasoning underlying „Dublin‟ regulations that the country where the

immigrants crosses is the responsible one. We think that we cannot be the ones responsible,

responsibilities must be distributed.”90

87

Statistics of the Asylum Service from June 7 2013 to November 29 2013 available at

http://www.minocp.gov.gr/images/stories//2013/02122013-stat_asylum_gr.pdf

88EASO contributed to designing the transition of DubliNet and Eurodac databases to the new Services, to developing

guidelines to determine the age of minors etc; EASO further planned and organised training workshops based on

the European Asylum Curriculum, in co-operation with the First Reception Service for its staff. Training was

conducted in proportion to the staff arriving at the new Service. There were also training seminars by EASO

addressed to the staff and operators of the new Asylum Service based on the European Asylum Curriculum. EASO

further contributes to expanding information on countries of origin (COI). EASO assists among others the creation

of an improved system for the management of reception structures and the development of a relevant supervision

and control system.

89Dublin III Regulation (recast) No. 604/2013, Eurodac II Regulation (recast) No. 603/2013, Asylum Procedures

Directive (recast) 2013/32/EU, Reception Conditions Directive (recast) 2013/33/EU.

90 See http://news.in.gr/greece/article/?aid=1231291351,

http://www.ekathimerini.com/4dcgi/_w_articles_wsite1_1_30/01/2014_536933,

http://www.tanea.gr/news/greece/article/5080181/dendias-emeis-diafwnoyme-me-ta-doyblina-sth-diaxeirish-ths-

metanasteyshs/

44

5. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS91

5.1 Unaccompanied Minors

There was no effective improvement to the situation of unaccompanied minors in Greece, which

still remains dismal. Developments within 2013 are restricted in the context of the new Asylum

Services and the First Reception Service.

The Regional Asylum Office, where the unaccompanied minors has filed a request for international

protection informs the Prosecutor for Juveniles that acts as interim guardian for unaccompanied

minors under PD 220/200792

, on the submission of the asylum procedure request. However, no

further steps are taken in relation to the appointment of a (permanent) guardian, or on the effective

assistance for the examination of the minor‟s request. There were no further developments in terms

of unaccompanied minors‟ childcare. In general, the existence of a temporary guardian under PD

220/2007 (i.e. the local competent Prosecutor for Juveniles) is a typical and procedural provision

only, without any effective value for the minor; the question of their substantial care remains

unsolved. In relation to accommodation, if the minor wishes so, the Regional Asylum Office where

the minor has filed the request for international protection transmits the respective request for

accommodation to the National Centre for Social Solidarity (EKKA) and the minor is hosted in a

respective centre, if available.

However, as also mentioned before, accommodation facilities of unaccompanied minors, and other

vulnerable groups are very few, they face considerable financial problems, they fail to cover

operating expenses and they are under-staffed. Creating accommodation facilities for

unaccompanied minors will unquestionably be a positive step forward93

.

The accelerated implementation of first reception services within 2013 is a positive development for

unaccompanied minors entering the country. However, as already noted, the First Reception Service

is still under-staffed and the Centres or the ad hoc first reception units are still very few. The

establishment of Screening Procedures of vulnerable groups, including unaccompanied minors in

the context of first reception procedures is a positive step towards the detection of unaccompanied

minors outside the asylum system94

. The most important development for unaccompanied minors

would be the effective and substantial assistance of a guardian, which at this moment is non-existent

as mentioned above, as well as the establishment of appropriate accommodation centres. A

development worth noting is an age determination procedure was established, for the first time, in

the context of the First Reception Service95

.

91

As well as unaccompanied minors and victims of trafficking in human beings, „vulnerable groups‟ include minors,

disabled people, elderly people, pregnant women, single parents with minor children, persons with mental health

problems and persons who have been subjected to torture, rape or other serious forms of psychological, physical or

sexual violence, based on the definition of „vulnerable group‟ in the proposed recast of the Directive laying down

minimum standards for the reception of asylum seekers (“Receptions Directive”).

92PD 220/2007 aligning Greek laws with the provisions of Directive 2003/9/EC of the Council of January 27

th, 2003, on

minimum standards on the reception of applicants for asylum in Member States (ΔΔL 31/6.2.2003).

93 The intention to create accommodation centres for vulnerable groups is outlined above under 4.2.

94 i.e. children that for various reason do not wish to file a request for international protection in Greece.

95Ministry of Health Decision No. Υ1.Γ.Π.οικ.92490/2013 on a Programme offering medical checks, psychosocial

diagnosis, as well as support and allocation of irregular incoming third-country nationals to first reception

structures; the same decision also established for the first time a process for determining the age of minors.

45

Furthermore, the new legislative framework for the asylum procedure(PD 113/2013 and PD

141/2013) has incurred no effective improvements to the position of unaccompanied minors and has

not prohibited the detention of minors. On the contrary, detention of unaccompanied minors is still

allowed (although the relevant provisions restrict it96

) and it is extensively applied97

. We should

however note that Article 32, Law 3907/2011 stipulates that “unaccompanied minors and families

with children will be detained as a last resort for the shortest time necessary, solely if other adequate

but less coercive measures cannot be applied”.

According to Hellenic Police statistics98

from 1/1/2013 to 6/6/2013, 130 requests for international

protection were filed by unaccompanied minors (128 males and 2 females), while according to

statistics of the new Asylum Service99

in the period from 7/6/2013 to 29/11/2013 unaccompanied

minors filed 171 requests for international protection. There are no statistics concerning

unaccompanied minors outside the asylum procedure, which are even more vulnerable.

Finally, many minors –failed asylum seekers (or minors who had no access to the asylum procedure

-are not returned to their country of origin until they reach adult age100

. However,they arenot

granted any kind of residence permit or documentation(i.e. they are “trapped” in the country “sans

papiers”). This situation makes minors even more vulnerable to all kinds of exploitation and puts

them at risk of being any time detained under unsuitable conditions.

5.2 Other vulnerable groups

In relation to vulnerable groups, including unaccompanied minors, a positive development was

marked by the operation of the First Reception Service, which is among others responsible for

detecting and screening vulnerable cases. The First Reception Service refers persons belonging to

vulnerable groups to the applicable agency for social support or protection101

. However, the afore-

described deficiencies and problems in terms of accommodation structures also affect all vulnerable

groups.

6. ACTIONS ADDRESSING TRAFFICKING IN HUMAN BEINGS

96

Article 12, PD 113/2013 reiterates the provision of PD 114/2010 and stipulates that the competent authorities must

avoid detaining minors; minors separated from their families and unaccompanied minors are detained only for the

shortest time necessary until their safe referral to appropriate accommodation centres.

97Greek Ombudsman, Administrative Detention of Minors http://www.synigoros.gr/resources/130521-amigdaleza.pdf

98 The Hellenic Police is responsible for the examination of asylum requests filed until 6/6/2013.

99 The new Asylum Service is responsible for the examination of asylum requests filed as of 7/6/2013 onwards.

Statistics of the Asylum Service from June 7 2013 to November 29 2013 are available at

http://www.minocp.gov.gr/images/stories//2013/02122013-stat_asylum_gr.pdf

100 For the return of minors to their country of origin, certain conditions must be met; according to Article 25, par. 2,

Law 3907/2011 “before an unaccompanied minor is removed from the country, the competent authorities must

confirm that the minor will be return to a member of his or her family, to an appointed guardan or to appropriate

accommodation facilities in the country of return”. For these reasons, the competent authorities avoid removing

unaccompanied minors.

101 Article 11, Law 3907/2011.

46

The most significant development in 2013 was the adoption of a new law on “Preventing and

combating trafficking in human beings and protecting its victims and other provisions” (Law

4198/2013, GG A215/11.10.2013), that incorporates Directive 2011/36/EC “on preventing and

combating trafficking in human beings and protecting its victims, replacing Council Framework

Decision 2002/629/JHA”, which lays down rules concerning the definition of criminal offenses and

sanctions in the area of human trafficking, prevention of these crimes and protection of victims.

Harmonization is achieved with the necessary changes in the Penal Code (Articles 8 paragraph n,

187B, 323A, 351 ), the Code of Criminal Procedure (Articles 226A, 253A) and other legislation

(Law 2225/1994, Law 3064/2002, Presidential Decree 233/2003, Law 3811/2009, Law 3875/2010,

etc.) (see Article 2 of the law in question).

According to the laws applicable to third-country nationals in Greece, a victim of trafficking may be

granted a residence permit, provided he or she has been certified as such by a Judgement of the

First-Instance Public Prosecutor, the only authority competent to grant such designation102

. If the

victim fails to cooperate with the authorities, a residence permit for humanitarian reasons may be

granted by decision of the Minister of Interior, unless the victims poses a threat to public order and

security (Article 44 (1), Law 3386/2005). This provision is not applicable for refugees or asylum-

seekers (see Article 2); asylum applicants may fall into the relevant scope solely in case of rejection

or waiver of their application (Article 33, PD 113/2013).

There is no specific apparatus to detect and identify victims of trafficking in human beings in

Greece; however, Article 6, Law 4198/2013 set forth the establishment of the Office of the National

Rapporteur, in the place of an unofficial Coordinating Apparatus run by the Ministry of Foreign

Affairs in co-operation with officials of jointly competent Ministries, the International Organisation

of Migration and certified NGOs to ensure cooperation and networking with international

organisation, to implement commitments and to align national actions and policies with the

internationally acknowledged “best” practices intended to eradicate the phenomenon of trafficking

in human beings.

Moreover, two “tools” are established to facilitate the work of the Office of the National

Rapporteur, namely the National Database and the National System of Identification and Referral of

Victims of Human Trafficking. The aim of the former is to collect reliable statistics on trafficking,

while the latter aims at organizing the system of assistance to victims of trafficking, on the basis of

best practices for detection, identification and referral of victims to certified hostels and their

humanitarian repatriation through the International Organization for Migration.

Institutional reform in this area was completed in late 2013, with the appointment of the National

Rapporteur, head of the Office for Combating Trafficking in Human Beings; the same decision

established a National Coordinating Mechanism to ensure the systematic cooperation with the

Coordination and Action Office of the EU to address trafficking in human beings.

Other developments in this area include the creation at the Parliament of an open Interparty

Interparliamentary Committee on the problem of trafficking in human beings. This committee

serves as subcommittee in the framework of the Special Parliamentary Committee on Human

Rights and meets at regular intervals. Its objectives are to raise public awareness on the issue, the

102

See Chapter I [Θ], Law 3386/2005 that transposed Directive 2004/81/EC, of 29 April 2004 on the “Residence Permit

Issued to Third-Country Nationals Who are Victims of Trafficking in Human Beings Who Cooperate With the

Competent Authorities”.

47

parliamentary control and monitoring of policies and evaluation their effectiveness, monitoring the

implementation of the National Action Plan and the proposed improvement interventions, as well as

its direct relationship with the State‟s institutions and society dealing with the problem and the

support of their work. The Committee also participates in the European Network of the respective

Parliamentary Committees which aims at the exchange of experience, at public and international

institutions awareness and at coordinating our actions at parliamentary level.

In any case, in 2013, victims began to be detected or identified mainly in the course of their

detention at the First Reception Centres by NGOs or when registering their request to a Regional

Asylum Office, during their interview for international protection, or their appeal against a first-

instance rejecting decision. The agencies involved receive special training to better identify victims,

emphasising on the particularities of minors and the needs of children, women, victims of violence

and torture. For minors in particular, minority is considered an indication of vulnerability (Article

11, Law 3907/2011) and necessitates special skills when conducting the interview to review a

request for international protection (Article 11, par. 2, PD 113/2013).

When conducting procedures of return for those, whose request for international protection has been

rejected, the competent authorities review the instances, where there is a statement by the victim or

information by an agency aware of the status of the victim. If confirmed that a third-country

national about to be deported is a victim of human trafficking, he or she is released or referred to a

special guest house.

In 2013, actions related to Ministerial Decision No. 1769 / 06.07.2013 of the Minister of Interior

Affairs (Program for Administrative Reform 2007-2013 “Actions to combat trafficking in human

beings”) that fall in the competence of the Ministry of Foreign Affairs and entail the participation of

the informal Coordinating Apparatus of the Ministry of Foreign Affairs in the Network of national

rapporteurs which meets regularly in Brussels and in all networks operating within the UN, OSCE,

Council of Europe and other international organizations are quite important and strengthen relevant

partnerships.

In relation to the programmes and agencies to help and protect victims of human trafficking in

Greece, such agencies include the National Centre of Social Solidarity, a legal entity supervised by

the Ministry of Labour, Social Security and Welfare, while the victims -women and minors- are

referred by the Anti-trafficking Department of the General Security Attica Division or other

departments across the country, or the victims themselves seek help to learn about the procedure

followed for possible recognition as victims of trafficking. The line “197” operates 24 hours a day,

and there are hostels and host shelters, offering emergency temporary sheltered accommodation to

vulnerable people and groups, among which are victims of trafficking. Meanwhile, in 2013 the

upgrade of the NCSS hostels has been launched.

Programmes offering information and assistance for 2013 include:

Α. The mobilization, sensitization and training of civil servants, officers of competent Ministries

and other institutions in the broader public sector;

Β. Establishment of the National Reporting System for the identification of victims, creation of a

National Database and deeper cooperation with those working in the field of awareness-raising;

Γ. Program VICTOR- children victims of trafficking - our responsibilities against child trafficking in

South Eastern Europe, coordinated by the Greek NGO “Smile of the Child” in cooperation with the

48

Ministry of Justice, Transparency and Human Rights, the European Public Law Organization

(EPLO) and many other agencies.103

Note finally that the General Secretariat for Gender Equality will have completed till the end of the

year 14 consultation centres in the Regions, 25 consultation centres in the second biggest

Municipalities of the country and 19 guest houses in cooperation with the Municipalities; 2 guest

houses at the National Centre for Social Solidarity in Athens and Thessalonica have already been

upgraded.104

7. MIGRATION AND DEVELOPMENT POLICY

In 2013, the most significant developments regarding the connection between migration and

development policy was Greece‟s participation and contribution at the Global Approach to

Migration and Mobility (GAMM), as well as the High-Level Dialogue on International Migration

and Development in the UN. Our country‟s classification within the Commitment to Development

Index (CDI) and a slight increase in migrant remittances as compared with 2012are also worth to

note.

In particular, according to the statement of the Greek Permanent Representative to the UN, "The

policy followed by Greece in this area, is based on three objectives:

- Managing (legal and illegal) immigration by promoting measures to integrate immigrants into the

labour market, the educational system and the structures of social security, as well as through the

effective management of migratory flows, while respecting the dignity of immigrants and abiding

by the conditions, policies and practices relating to asylum;

- adopting short-term and long-term measures demonstrating Greece's commitment to the

implementation of relevant policies; and

- cooperating with the EU, International Organizations, Civil Society, NGOs, 'transit' countries and

countries of origin of immigrants, in order to find the best way to maximize the benefits of

migration while effectively addressing the challenges, always in accordance with the relevant

European policies”.

Regarding the country's position in the Commitment to Development Index (CDI), which ranks 27

among the most developed countries in the world by their commitment to policies that benefit poor

countries, in the Report of 2013, quoted at

[http://www.cgdev.org/sites/default/files/archive/doc/CDI_2013/Country_13_Greece_GRE.pdf]

Greece is classified with an overall score of 4.3 in 21st place of the ranking because of the

introduction of a large number of foreign students and of the joint reception of refugees (The rating

in the past decade was 3.7).

103

See in detail Annual Report 2013 (Part 1) – Annex

104 Relevant data can also be drawn from Reports, such as the latest report by the US Department of State on trafficking

in human beings in Greece,http://www.state.gov/documents/organization/210739.pdf

49

The Greek government also contributes to international peacekeeping efforts of international

organizations (UN, EU, NATO) and plays an important role in protecting the sea lanes that are vital

for international trade. However, it scores below average in five areas: aid to other countries,

finance, trade, environment and technology. The country adopts insufficient donor practices, it does

not have strong investment promotion policies in poor countries, it does not comply with the

mandatory reporting requirements under international environmental conventions, imposes

restrictions on trade and imports from developing countries and provides minimal support for

research and development in such countries.

Specifically with regard to aid, it has an extremely low rate of net aid (0.15 %) as a percentage of

the economy and an even smaller percentage of private charitable bids due to fiscal policy (0%) for

2011. As far as trade is concerned, it has high tariffs and extensive paperwork for imports of

products from developing countries. Although Greece provides assistance to companies wishing to

engage in developing countries, it does not insure against political risk and does not provide official

support for portfolio investment outflows. As for migration, it participates largely in the general

„encumbrance‟ of hosting refugees during humanitarian crises and it bears a large proportion of

foreign students from developing countries (95 %), making it number one in ranking. This increases

the flow of money from migrants towards their countries of origin and the transfer of skills, when

they return.

As to the work accomplished in the field of Diaspora, actions continue to be implemented in the

framework of the European Fund for the Integration of third-country nationals (see in detail Annual

Report 2013 –Part 1–, reply to Section 1.6.2.-1.6.6.). Some of these actions explicitly aim to

reinforce Diaspora groups living in our country, therefore supporting indirectly the ability of these

groups to contribute to the development of their home countries.

Public deliberation on draft law for the Organisation of the World Council for Hellenes Abroad (in

Greek SAE) was completed on January 31, 2013. In April 2013, the Deputy Minister of Foreign

Affairs set up an Organisational Committee to oversee the implementation of the law as soon as

voted for, which met once until September 2013 to review matters regarding SAE‟s Organisation

Chart and operating expenses, considering that the said draft law foresees self-organisation and self-

sponsoring.

As regards expatriates‟ voting right, an issue that re-emerged in the discussions of the Ad Hoc

Parliamentary Committee of the Hellenic Parliament, there were no developments in 2013, despite

information that the Ministry of Interior had set up a working group on the matter105

.

Thirdly, one of the most interesting facts is that, according to the Bank of Greece, migrant

remittances increased by 26.4% on an annual basis in the first 8-month period of 2013, whereas

they had decreased by -10.3% during the first 8 months in 2012.

8. IRREGULAR MIGRATION

Already since 2012, Greece has planned an Integrated Border Management Programme to Combat

105

See Article in Newspaper TO VIMA, “Expatriate‟s right to vote back to the forefront”, 11.10.13

http://www.tovima.gr/society/article/?aid=534484

50

Illegal Immigration, to be implemented by the Ministry for Citizen Protection with the cooperation

of FRONTEX; this programme revolves around four pillars: a) strengthen border controlby

exploitingadditionalhumanresources and meansof modern technology; b) improve the asylum

procedures, making theexistingmostefficient andrapid; c) establish the First Reception Service,

which,when itbecomesfullyoperational,will facilitatetheidentification procedures(screening)and

detention; d) improve returnand assistedvoluntary returnthroughIOM.

All four pillars were activated in 2013 and have a two-fold objective: rationalize migration flows to

the Greek territory by better controlling external borders on the one hand and safeguard protection

of the rights of those eligible for international protection, on the other.

Developments in 2013 in the area of combating irregular migration concern both prevention (see

Section3.5.3on border control operations) and repression. These two aspects were reflected in the

answer given on 9.8.2013 by the Minister of Public Order and Citizen Protection106

to a relevant

question submitted by a group of MPs of the opposition107

. As also referred to in the National

Action Plan on Asylum and Migration, the Greek government seeks “to send out a strong message

to third-country nationals that wish to enter the country illegally, in order to warn immigrants non-

eligible for international protection that they will be arrested, they will be detained and they will be

returned to their countries of origin” (p. 53).

However, mass arrests under “Xenios Zeus” operation that continued also in 2013 and the

subsequent detention of those third country nationals lacking a residence permit does not seem to

meet the target of forced returns to their countries of origin. We are led to this conclusion given the

setbacks involved in the procedures of identification and issuance of travel documents by the

competent consular authorities, for which we were thoroughly informed by the Hellenic Police for

the purposes of this Report. Note also that Hellenic Police is able to provide only the number of can

third country nationals arrested each year without legal documents and the number of the ones

returning to their countries of origin.

According to this information, arrests of third country nationals for illegal entry in the country in

the period January to December 2013 amounted to 39,759 against 73,976 in 2012, which means a

decrease of 46.2%. From January to November 2013, 955 aliens were arrested at the Greek-Turkish

land border, when this number was over 30,000 in 2012. We remark however a rise in migratory

flows in the Eastern Aegean islands; e.g. there were 3,539 arrests on Lesvos and 2,914 on Samos,

while numbers are similar also in the Dodecanese. Overall, 10,481 third country nationals were

arrested at the sea border between Greece and Turkey in the period between January to November

2013 (against 2,960 in 2012).

Of a total of 39,759 third country nationals apprehended(in 2013), 14,366 are Albanian nationals,

7,665 are Syrian, 5,960 Afghani citizens, 3,744 Pakistani nationals and 1,398 Bangladeshi

nationals.

As regards returns from August 2012 to December 2013, 34,808 third country nationals returned to

their country of origin –either care of the Attica Directorate for Aliens or via the International

106

http://www.hellenicparliament.gr/UserFiles/67715b2c-ec81-4f0c-ad6a-476a34d732bd/8174770.pdf

107http://www.hellenicparliament.gr/UserFiles/c0d5184d-7550-4265-8e0b-078e1bc7375a/8027723.pdf

51

Organisation for Migration. In 2013, the number of third country nationals returned was 26,186

(22,117 in 2012); we see a rise in returns by 18.4%.

On the other hand, Hellenic Police is unable to provide statistics for the following (because of the

limited capabilities of the computer system of data registration108

):

1. the overall number of third country nationals detained in 2013 in the Greek territory by

categories of detention;

2. the number of third country nationals that after detention eventually returned to their countries

of origin, either applying the provisions of Law 3907/2011 on forced returns or via voluntary return

programmes effectuated by the Greek government with the assistance of the International

Organisation of Migration that regularly sends delegates to visit detention areas;

The Greek Ombudsman has pointed out that the use of detention, which should be a limited

administrative measure applied only if necessary in view of deportation /removal, has become a general

practice even in cases where it is impossible to expel foreign nationals from the country (e.g. impossible

expulsion to countries of origin, lack of co-operation by the competent consular authorities, unidentified

citizenship etc).109

The systematic use of detention, even if the expulsion is impossible, has been also

noted by the Commissioner for Human Rights of the Council of Europe in his report, following his

visit to Greece (28/1-1/2/2013).110

An indication of the above-described situation is that although the official position of the Greek

government is that forced returns to Syria, Somalia, Eritrea, Myanmar, Palestine and Mauritania

may not be and are in fact not carried out,111

a considerable number of nationals originating in the

said countries is under detention, despite that return to their countries of origin is objectively

impossible112

. Moreover, considerably problematic is the case of certain people that after the lapse

108

Note that the Hellenic Police, which is the authority responsible for detention, upkeeps a computer system that is not

supported on a country-wide level. The good practices of certain Detention Centres (e.g. Petrou Ralli) by specifically

registering (individually) third-country nationals arrested, detained until identification, transferred to other Detention

Centres and eventually deported are a pilot system. Considering however that this system is not automatically updated

and provides no categorised cumulative data for third-country nationals, it should definitely be upgraded and extended.

Until that moment, we are faced with a serious lack of drawing safe conclusions as to the overall number of aliens

detained, the efficacy of the system or the cost of detention as compared to alternatives.

Therefore, it is be very important to immediately upgrade the relevant system, to enable better mapping of the situation

and the efforts made in the past two years that have not been outlined in relevant Studies, neither by the Citizen

Ombudsman, nor by international inquiry committees and NGOs present in detention areas. A second recommendation

would be to imminently introduce a system for applying systematically alternatives to detention provided for by law,

which would decongest detention areas and would make the work of the Greek authorities, particularly the Hellenic

Police, much easier.

109 P. 7, Greek Ombudsman document dated 29.5.2013 available at: http://www.synigoros.gr/?i=human-

rights.el.maziki-kratisi-allodapon.118221

110 See www.coe.int, particularly par.141 et seq. of the report.

111See relevant information to the Committee of Ministers of the Council of Europe in the context of implementing

ECtHR Judgement M.S.S. v. Greece and Belgium: DH-DD (2013) 1225F, 13 novembre 2013, 1186 réunion (3-5

décembre 2013), (DH) - Communication de la Grèce relative à l'affaire M.S.S. contre Belgique et Grèce (Requête

n° 30696/09) - Informations mises à disposition en vertu de la Règle 8.2. a des Règles du Comité des Ministres

pour la surveillance de l'exécution des arrêts et des termes des règlements amiables),

https://wcd.coe.int/ViewDoc.jsp?Ref=DH-DD(2013)1225&Language=lanFrench&Site=CM

112For example:

- Findings of the Commissioner for Human Rights, Report by Nils Muižnieks Commissioner for Human Rights of the

Council of Europe following his visit to Greece from 28 January to 1 February 2013, 16.4.2013, CommDH(2013)6,

52

of the maximum time-limit for detention (18 months) are given a deadline to leave the country;

when such deadline expires, the same people are arrested again and are placed under detention

pending expulsion, despite the fact that this was impossible when previously detained.

According to the Greek Ombudsman (document No. 175063/49247/2013 of 19.11.2013) “as

evidenced by a sufficient number of submitted petitions, debate around the legitimacy of return

decisions and the enforcement of detention has intensified. The heart of the problem seems to be the

apparent confusion on the part of the Hellenic Police regarding the different categories of aliens

and the different legal systems they may fall in; this has serious impact on their treatment,

particularly as regards interpreting and applying the measure of detention, which seems to be the

administration‟s primary concern, regardless whether the alien‟s return/expulsion may be

realistically effectuated or not”. In fact, as the Ombudsman explains, although legislative tools are

now clear-cut and make distinctions in the treatment of various “categories” of aliens (e.g. irregular

newcomers, irregular residents, irregular residents with a family, asylum-seekers, “rejected”

asylum-seekers, unremovables etc), the provisions seem to be “interpreted and enforced with a

view to provide a uniform treatment for aliens, despite the fact that they fall in different legal

regimes, or by appealing to reasons of public order in a manner that is usually far from meeting the

requirements of a clear and sufficient reasoning”.

The procedure followed according to the current applicable legal framework and practice is that all

aliens arrested without a residence permit shall be placed in detention until their identification113

.

Thereafter, some are released (because they originate in countries with wars or other humanitarian

crises) and the rest remain in Detention Centres for a period that usually sticks to the maximum

lawful limit, extended or not by means of court decisions. The court confirms whether or not

detention is legitimate, reviews its extension every three months (under Article 30, par. 3, Law

3907/2011), and provides for the possibility to revoke decisions in case of imminent deportation.

Identification and review by a court after filing objections is according to the Hellenic Police the

individual assessment provided for the by law. On the other hand, variations to the legal framework

as to vulnerable groups (e.g. unaccompanied minors, families) or beneficiaries of international

protection are taken into account. However, the decision on the necessity of detention is often not

“sufficiently reasoned”, (see relevant reports by the Citizen Ombudsman) but relevant documents

make a general reference to reasons of “risk” in most cases.

As regards alternatives to detention, they are not imposed, or even investigated as a possible

solution. Moreover, the computer system in detention centres does not allow recording for

separately registering individual categories of detainees, or their average detention period and

percentage of those eventually removed. The data is held per person, without the possibility of

horizontal registration per group, or as to the reasons for detention or nationality. An important step

is that a comprehensive programme to register personal information and status of aliens managed by

http://www.refworld.org/docid/516e76bb4.html par. 141.

- Greek Council for Refugees document dated 12.12.2013 addressed to the Ministry of Public Order and Citizen

Protection, Hellenic Police Headquarters, the local Police Division and the Greek Ombudsman regarding the detention

of 44 Somali and Eritrea nationals.

- Judgement No. 33.17/2/2014 by the Administrative Court of First Instance in Corinthos rejecting the rejections filed

by a detained Somali citizen.

- Intervention by the Greek Ombudsman following a report by the Greek Council for Refugees (document No.

26/9/2013 to Hellenic Police Headquarters) regarding the detention of 7 Syrian citizens. 113

Data drawn from the Expulsion Division of the Attica Sub-directorate for Aliens.

53

each police division and detention centre is now under way by the IT department of the Head

Offices of the Hellenic Police.

From another aspect, certain Detention Centres (e.g. Petrou Ralli) try to apply good practices, by

specifically (individually) registering third-country nationals that are arrested, detained until

identification, transferred to other Detention Centres and eventually deported.This is a pilot project

intended to be applied on a national basis.

As regards conditions of detention, we should underline that such conditions vary significantly

depending on the type of premises/facility. Considering that the number of aliens arrested for lack

of residence permits under “Xenios Zeus” police operation and at the country‟s entry points in

relation to the exhaustion of the maximum limit for detention (18 months) exceeds the capacity of

the five areas for detaining aliens (Closed Facility Hospitality Centers for Aliens –in Greek KKFA)

running in the country, some people are still detained in areas such as border guard stations, special

facilities for aliens, aliens detention centers inside or outside airports and police stations. Thus,

outsides KKFAs, conditions in the remaining detention areas for aliens under deportation is

particularly deficient. The basic remark by the Greek Ombudsman114

after site visits is that “despite

continuous effort to improve conditions, the police fail to ensure conditions that would safeguard

the detainees‟ fundamental rights, given the large and ever-increasing number of detainees held for

many months”. A delegation of the Parliamentary Assembly of the Council of Europe reports

among others that “Even if there has been progress in terms of building new detention centres with

better conditions, such as the Amygdaleza centre, the delegation still witnessed severe problems in

terms of access to asylum, health care, information and the possibility for detainees to communicate

with the outside world. Most of the detention centres visited by the delegation currently do not meet

the standards of human dignity, as basic facilities such as heating, light and hot water are not

provided”.115

Furthermore, a non-identified number of aliens are still being held in police holding

cells and border guard stations, although these facilities were designed for a maximum stay of 24

hours116

. The UN Working Group on arbitrary detention further notes that conditions are sometimes

found to be even worse than in the regular prisons117

. Moreover, the UN Special Rapporteur on the

human rights of migrants found that in some of the detention facilities, the migrants had limited

access to toilets; some facilities had no artificial lighting so that during the winter, migrants were in

the dark from early afternoon.118

Regarding detention conditionsindicative is also the jurisprudence

of the European Court of Human Rights119

.

114

See document date 29.5.2013 available at: http://www.synigoros.gr/?i=human-rights.el.maziki-kratisi-

allodapon.118221

115Council of Europe, Parliamentary Assembly, Following visit to Greece, PACE delegation urges greater European

solidarity in handling flows of irregular migrants, 15.1.2013,

http://assembly.coe.int/ASP/NewsManager/EMB_NewsManagerView.asp?ID=8305&L=2&

116UN Working Group on Arbitrary Detention, Statement upon the conclusion of its mission to Greece (21 - 31 January

2013), 31 1.2013

117UN Working Group on Arbitrary Detention, Statement upon the conclusion of its mission to Greece (21 - 31 January

2013), 31 1.2013

118Par. 49 and 51, UN Human Rights Council, Report of the Special Rapporteur on the human rights of migrants,

Addendum: Mission to Greece, 18.4.2013, A/HRC/23/46/Add.4.

119See ECtHR case-law on the detention of asylum-seekers, such as S.D. v. Greece application 53541/07 (2009), R.U. v.

Greece, application 2237/08 (2011), ΜSS v. Belgium and Greece application 30696/09 (2011), Rahimi v. Greece

54

The aforementioned conditions have been strongly criticised in medical reports that warn about the

risks connected with severe contagious diseases such as HIV, hepatitis, tuberculosis, scabies etcthat

occurred or exacerbated in detainees because of the bad conditions, the long detention time and the

lack of consistent or sufficient medical care120

. On 20.8.2013 the Head of the Office of the UN High

Commissioner for Refugees in Greece121

noted that recent reports by the UN Working Group on

Arbitrary Detention, the UN Special Rapporteur for Immigrants‟ Human Rights and the

Commission of the Council of Europe on Migration, Refugees and Displaced people that visited

police department detention cells and organised detention centres in the period of December 2012 to

January 2013 (including among others Fylakio in Evros, Amygdaleza, Corinthos and Komotini)

speak about inappropriate detention conditions or conditions that fall far below international human

rights standards. According to the Head of the Office, the tragic incident of the death of a patient

held at the pre-removal centre of Corinthos that apparently did not receive adequate medical care in

sufficient time may be an indication of the dire situation. As a result, we had insurgencies of

detainees both in the end of 2012 and in the course of 2013. In fact, the Chair of the Hellenic

Federation of Police Officers, following a visit at the Detention Centre in Komotini, reported that a

solution to the problems caused by the insurgency is sought, including the removal of irregular

migrants from these premises as health and safety standards are not met.

In the next period, priority is placed on monitoring whether the effective safeguards apply contained

in Directive 2008/115/ECon standards for returning illegally staying third-country nationals

transposed in Greece by way of Law 3907/2011,including on setting minimum rules to govern each

detention of an alien pending deportation.

Introducing a system for systematically applying alternatives to detention as provided for by the law

would decongest detention areas and would make the work of the Greek authorities, particularly the

Hellenic Police, much easier. The relevant computer system in detention areas should further be

upgraded as soon as possible, to enable better mapping of the situation,as the efforts made in the

past two years have not been outlined in relevant Studies, neither by the Greek Ombudsman, nor by

international inquiry committees and NGOs present in detention areas.

9. RETURN

In 2013 there were no major changes in the field of return. The relevant legal framework comprises

Law 3907/2011 and 3386/2005, Joint Ministerial Decision (JMD) 4000/4/32-xii‟, 4.9.2006, in

combination with the Convention Implementing the Schengen Agreement (Law 2514/1997). In

certain cases one should consult the legal framework that governs situations of deportation, given

application 8687/08 (2011) etc, including the administrative detention of aliens in general and its legitimacy, recent

judgements Efremidze v. Greece, LIN v. Greece (Νο. 58158/10) (06-11-2012), AHMADE SEYDMAJED TOY

MODARK H MOBARET v. Greece (Νο. 50520/09) (25-09-2012), BYGYLASHVILI Gannet v. Greece (25-09-2012),

I.B. v. Greece (28-08-2012), MAHMUNDI IBRAHIM etc. v. Greece (Νο 14902/10) (31-07-2012), LICA Arben v.

Greece (17-07-2012), BUYAN Adil etc (03- 07-2012), 31/07/2012, MATHLOOM v. Greece , Tabesh v. Greece ,

application 8256/07, (2009).

120See report by the organisation Doctors without Borders dated 1/4/2014 based on visits carried out in 2013 and early

2014, available at http://www.msf.gr/publications/anafora-drasis-sta-kentra-kratisis-metanaston.

121http://www.unhcr.gr/nea/artikel/2793ecbd10b3df365cbd7384ab67661a/episimanseis-scheti.html

55

that as a general rule, if a deportation is ordered by virtue of a judicial or administrative decision, an

entry ban is also imposed.

Apart from the abovementioned case, an entry ban is imposed automatically in case the third

country national has not complied with the obligation to return or where no period of voluntary

departure has been granted. Moreover, the registration in the National List of Undesirable Aliens

(NLUA) is ordered if the person concerned is considered a threat to public order, public safety or

national security. This registration, which is done by the police, is followed by an entry in the

Schengen Information System.

The decision to register a third country national in the NLUA, as an individual administrative act, is

subject to an appeal to the same administrative authority that has issued the decision and then

appeal to the administrative courts.

Those third country nationals that shall not be subject to deportation are equally not subject to

registration in the National List of Undesirable Aliens (minors under certain conditions, elderly,

pregnant women, etc.). Moreover, an entry ban is not imposedfor humanitarianreasons, including

for instanceforvictims ofhuman traffickingandmigrant smuggling122

. It is characteristic that

according to the judgmentof the Council of State, the right to familylifeis not a sufficientreason to

delete someone fromtheNational Listof UndesirableAliens123

.

Moreover, ifthedeporteehas been recognizedas a refugee, his/her name is deleted definitively

fromtheNational Listof UndesirableAliens, because the status of refugee is permanent.If he/she is an

asylum seeker, he/she is deletedtemporarilyuntil his/her status isconclusively determined.

Furthermore, deportation and entry ban is not imposed in case the third country national has been

granted complementary protection. Registrationceases ipso facto after the withdrawalor

suspensionof theadministrative decision imposing theexpulsionor suspension of the

judgmentimposing theexpulsion124

.

For the time-being, Greece has not evaluated the effectiveness of entry bans and as a consequence

no safe conclusions can be drawn on whether they contribute to the prevention of re-entry, the

respect of a voluntary return etc. nor particular practical challenges formulated regarding their

implementation. In any case, from the existing statistical data, a remarkable decrease in the

imposition of entry bans is noted during 2012-2013 in comparison with previous years.

Furthermore, until now, there is no evaluation of the policy of returning migrants, although there are

considerable activities of forced or voluntary return. The reason for this absence is that probably

122

By virtue of an explicit provision (Law 3907/2011. See also Greek Ombudsman, Summary of mediation, «Deleting a

victim of trafficking from the National List of Undesirable Aliens (NLUA) for humanitarian reasons, January 2006.

123 Council of State, judgment no 715/2012. The applicant was registered in the National List of Undesirable Aliens,

was entered in the Schengen Information System and he has been imposed with an entry ban for four years with the

justification that he attempted to enter the country with a false passport. He was father of 3 minors, of whom he had

exclusive custody, he had established stable bonds with Greece and was working as assistant in a private business.

However, the Council of State, contrary to the Administrative Court of First Instance, did not accept the violation of

article 8 par. 1 ECHR.

124 See Advisory Opinion of the Prosecutor of the Supreme Court no 3040/05/Adv.2/10.2.2006.

56

such an effort would suffer from lack of data, particularly regarding the sustainability of forced

return125

.

In addition, there is no explicit reference in the national legislation to encourage the voluntary

return of migrants from Greece. The only relevant exception is the non - imposition of sanctions

(registration in the list of undesirable aliens), in cases where a third country national leaves the

country voluntarily in a border crossing or if he/she presents him/herself to the Hellenic Police or

the International Organization of Migration in order to join a programme of voluntary return.

Furthermore, during the arrest – and under conditions stated by the law - the Hellenic Police sets a

deadline for voluntary departure, followed by non registration in the NLUA.

There is still not enough data on the number of people, either legal or illegal immigrants who

voluntarily return to their states of origin, only statistics from the Hellenic Police and IOM for those

that join a program of voluntary return.

Problems related to the forced return arise from the geopolitical position of the country which

makes the return of migrants inefficient in the sense that many returnees can easily re-enter the

country illegally. Also, another indicator is the lack of cooperation of the embassies in issuing travel

documents.

Regardingdeportation,most difficulties areidentifiedmainlyforirregular migrantsfromIraq,

Afghanistan, Iran, Pakistan and Somalia126

. Albania and Pakistan are the two countries where most

deportations have taken place during 2013.

Another important parameter is voluntary repatriation that is conducted either by the Hellenic

Police or the International Organization for Migration. It is noteworthy that in all such cases,

decisions on return are issued, without detention and without imposition of an entry ban.

The total number of imposition of entry bans has slightly decreased (from 85.941 in 2012 to 52.619

in 2013). Specific reference is made to the difficulties arising when monitoring compliance with

entry bans, due to the lack of communication of software systems, whereas it is also difficult to

secure the cooperation of other member states in the implementation of entry bans due to the lack of

a common system.

As far as developments in 2013 on EU Readmission Agreements are concerned, Greece has signed

an Implementing Protocol of the EU-Serbia Readmission Agreement on 11 September 2013 (not

yet ratified). The total number of readmission applications made based on EU Readmission

Agreements has increased significantly in 2013 (2.166) compared to 2012 (415). Out of this

number, 523 concerned voluntary return.

The problems that have already been identified -in the 2012 relevant Report-regarding cooperation

with the authorities from Pakistan persisted during 2013. These included amongst others disrespect

towards the designated deadlines and refusal of issuing travel documents to individuals deemed as

125

See the relevant study of 2007, http://ec.europa.eu/dgs/home-affairs/what-we-

do/networks/european_migration_network/reports/docs/emn-studies/return-

migration/5b._gr_emn_ncp_return_country_study_final_sept2006gr_version_el.pdf

126 See Focused Study on Readmission 2014 (Greece).

57

dangerous to public order and security. The Greek authorities insist on the convocation of the

Mixed Committee by the European Commission, a move that may apparently resolve many

problems.

On the contrary, the implementation of the EU Readmission Agreement with Georgia continued

successfully with an impressive recognition rate of 93.81%. It is also worth noting that the average

rate of response of Georgia is 6-7 days, whereas of Pakistan it is over a year.

At the bilateral level the implementation of the Readmission Protocol with Turkey continued

smoothly, although the total number of readmission applications has sharply decreased (3,741 in

2013 compared to 20,464 in 2012). Delays as far as designated deadlines are concerned are still an

obstacle. A major shortcoming is that Greece has not yet designated an Immigration Liaison Officer

practice that is implemented effectively, albeit fragmentarily, by other member states.

It is worth noting that the Turkish authorities react on a selective basis, namely they mainly accept

nationals from Iraq and Iran from groups of third country nationals that have entered at the same

time with the same travel means and with the help of the same person. Furthermore, it is to be noted

that 2013, despite the meetings that have taken place between Experts of the two countries, has been

the sole year with a negative balance regarding the number of requests that have been submitted by

the Greek side and the response and acceptance by the Turkish Authorities.

Another major actor in the readmission process is the International Organisation for Migration

(IOM). Regarding voluntary return actions assigned to IOM, the following phases have been

completed successfully:

• Phases A and B (for the period from 25.05.2010 to 30.06.2011) during which the repatriation of

586 and 511 third country nationals respectively has taken place.

• Phase C (for the period from 01.01.2012 to 30.06.2012) during which the repatriation of 3.276

third country nationals (such as Afghanistan, Iraq, Morocco, Pakistan, Bangladesh, Nigeria etc.) has

taken place to their countries of origin in cooperation with the police authorities.

• Phase D (for the period from 01.07.2012 to 30.06.2013) during which the repatriation of 8.046

third country nationals has taken place.

• In addition, there is an ongoing Phase E (for the period from 01.07.2013 to 30.06.2014). During

the period from 01/07/2013 to 31/12/2013 4.090 repatriations of third country nationals have taken

place.

It is emphasized that in the abovementioned cases, the return decisions issued do not impose

detention, or an entry ban (registration in the National List of undesirable aliens).

It is noted that the above actions have been assigned to the International Organization for Migration

(IOM), after a publication of a call for proposals and respective evaluation.

It is emphasized that in the return decisions issued for the abovementioned cases, no detention is

envisaged nor entry ban, i.e. registration in the National List of Undesirable Aliens). Finally, it is

noted that the abovementioned actions have been assigned to IOM after a publication of a call for

proposals and respective evaluation.

58

Challenges are still present due to the absence of the required degree of cooperation with the

countries of origin of the third country nationals in determining their nationality, delays in the

timely issuance of travel documents and non recognition of the L.P. that are issued for deportation

for those that do not hold travel documents, according to EU standards.

A coordinated effort to enhance the achievement of the aim is taking place lately (second semester

2013) with the continuous cooperation of the Ministry of Foreign Affairs with the Hellenic Police

through the constant cooperation of the Hellenic Police with the Ministry of Foreign Affairs. There

is feedback of the competent Directorates of the MFA on a regular basis with the results of the

cooperation of the Police with the foreign Embassies in Greece, while in case of obstacles and

dysfunctions the MFA intervenes to search for a solution if this is possible.

This effort will continue in 2014 with the aim to become self-sufficient in this sector (screening),

according to European standards.

10. IMPLEMENTATION OF EU LEGISLATION

Transposition of EU legislation into national law in 2013127

Directive 2011/95/ΕU of the European Parliament and the Council of 13 December 2011 (L 337)

relating to standards for the qualification of third-country nationals or stateless persons as

beneficiaries of international protection, for a uniform status for refugees or for persons eligible for

subsidiary protection and for the content of the protection granted (recast).

It has been transposed into national law with Presidential Decree 141/2013.

Council Directive 2005/85/ΕC “on minimum standards for procedures in Member States for

granting and withdrawing refugee status” (L 326/13.12.2005) and other provisions.

It had been transposed with Presidential Decree 81/2009. Now it is transposed with Presidential

Decree 114/2010 and Presidential Decree 113/2013.

Directive 2011/36/ΕU on “preventing and combating trafficking in human beings and protecting its

victims and replacing Council Framework Decision 2002/629/JHA”.

It had been transposed into national law with Law 4198/2013 on “preventing and combating

trafficking in human beings and on protecting its victims and other provisions”.

Directive 2011/51/ΕU of the European Parliament and of the Council of 11 May 2011, amending

Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection.

It will be transposed with draft “Code of Migration and Social Inclusion and other provisions”

(articles 88 et seq.) once adopted.

Council Directive 2003/86/ΕC of 22 September 2003 on the right to family reunification.

It has been transposed with Presidential Decree 131/2006 and it will be replaced by draft articles

69-77 once the Code of Migration and Social Inclusion enters into force.

127

See the List of Incorporated Directives from the General Secretariat of the Government

http://www.ggk.gov.gr/?p=3265

59

Council Directive 2004/81/ΕC of 29 April 2004 on the residence permit issued to third-country

nationals who are victims of trafficking in human beings, or who have been the subject of an action

to facilitate illegal immigration, who cooperate with the competent authorities.

It has been transposed with Law 3386/2005 and will be replaced by the draft Code of Migration and

Social Inclusion, once adopted.

Council Directive 2004/114/ΕC of 13 December 2004 on the conditions of admission of third-

country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary

service.

It had been transposed with Presidential Decree 101/2008 and will be transposed by the draft Code

of Migration and Social Inclusion, once adopted.

Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-

country nationals for the purpose of scientific research.

It had been transposed with Presidential Decree 128/2008and will be transposed by the draft Code

of Migration and Social Inclusion, once adopted.

Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-

country nationals for the purposes of highly qualified employment and other provisions.

It had been transposed with Law 4071/2012 (articles 22-42) and will be transposed by the draft

Code of Migration and Social Inclusion, once adopted.

It is recalled that Regulations have direct applicability in the national legal order and their

transposition is not required.

Regulation Dublin III Νο 604/2013 of the European Parliament and the Council of 26 June 2013

(recast) applies to requests for international protection lodged from 1/1/2014, as well as transfer

requests in the framework of the Regulation, from the same date.

Regulation Eurodac II Νο. 603/2013 of the European Parliament and the Council of 26 June 2013

(recast). It will enter into force on 20/7/2015.

In connection to the revised Directives on asylum, Directive 2013/32/ΔU on procedures (recast)

and Directive 2013/33/EU on reception (recast) must be transposed into national law by 20/7/2015.

Of particular interest is the public consultation about the Presidential Decree on establishing

uniform procedures of recognition to aliens and stateless persons of the refugee status or the status

of persons entitled to subsidiary protection, in compliance with Council Directive 2005/85/EC of 1

December 2005 on minimum standards on procedures in Member States for granting and

withdrawing refugee status (L 326/13.12.2005)128

.

128

http://www.opengov.gr/yptp/wp-content/uploads/downloads/2012/08/ekthesi-diav.-prosfyga.pdf

60

11. OTHER RELEVANT NATIONAL POLICY DEVELOPMENT IN THE FIELD OF

MIGRATION AND ASYLUM

Priorities in view of the Hellenic Presidency (first semester of 2014) – Changes in European Policy

with Dublin III – Modification of Eurodac – New Regulations for Family Reunification - Proposals

for the Hellenic Presidency for 2014

Regarding the priorities of the Hellenic Presidency (first half of 2014), that were released December

2013, these include important references to the European policy on asylum and migration and

particularly to the reinforcement of policies in the framework of EU Global Approach to Migration,

the promotion of funding actions for jointly dealing with the growing pressures of migrant flows for

certain countries, including Greece, but also the reinforcement of return/readmission policies for

third country nationals. The priorities of the Presidency also include the formulation of the strategic

objectives and the priorities of the EU in the field of Justice and Internal Affairs for the post-

Stockholm era according to the provisions of article 68 of the EU Lisbon Treaty and the update of

the “EU Action on Migratory Pressures – A Strategic Response”, with an emphasis on measures to

tackle illegal migration and human trafficking.

Furthermore, the Presidency deems it is important to foster cooperation with third countries (of

origin and/or transit) in all matters relating to an integrated andeffectivemanagementof migration

policy. Finally, another aspect is the implementation ofthe Common EuropeanAsylum

System(CEAS) with particularemphasis on measuresto strengthensolidarity and burden-sharingin

those MemberStatesunder particularpressuredue to mixedmigratoryflows. Regarding in particular

the Syrian crisis, which intensified and culminated in 2013, the growing number of refugees

demand a more effective implementation of Directive 2001/55/EC “on minimum standards for

giving temporary protection in the event of a mass influx of displaced persons and on measures

promoting a balance of efforts between Member States in receiving such persons and bearing the

consequences thereof” and the implementation of specialized measures of practical solidarity, in

line with the conclusions of the Council of Justice and Home Affairs on 8 March 2012 and the

relevant European Parliament resolution of 11-9 - 2012.

Concerning developmentsin the EuropeanImmigration and Asylum Policy that will affectthe

political choicesof Greece in thenextyear, these consist in a partialimprovementof theasylumsystem,

includingthe revision of theDublin II RegulationandEurodac,as well as the Directives for

theconditions of receptionand asylum procedures.Their integration at national level will determine

the actual improvement of the procedures of examination and granting of asylum in Greece129

.

From the negotiationsthat have taken placeat EU levelin 2013, it is emphasised that only4

countriesof the South(Greece, Malta, Cyprus, Italy) facinghuge problemsdueto the malfunctioning

of theDublin system, asked for a revision of theRegulations. The other Member Statesshowed

noreal interest tochangethe basic principleof the system, namely the examination of theasylum

application from the country of first entry. On the contrary, they emphasised their willingness

129

The existing procedures had been considered dysfunctional and ineffective, see FRA, Amnesty International Reports,

and ECtHR case-law MSS /Belgium and Greece, See Akrivopoulou, Ch., Papandreou, Μ., “The fundamental rights of

the asylum-seeker and the questionable proof of a „safe country‟”, To Syntagma, Issue 3, 2011, p.591-614; and Osman

case etc.

61

toprovideexpertiseandfinancial assistance tocountriessuffering the greatestpressures130

.This is the

context around theGreekpolicy andGreekprioritiesonasylumand migration.

Regardingthepending issuesinasylum andmigration inGreecein 2014, theseinclude the promotion

ofhigh standards ofhumane treatmentof asylumseekerspursuant to Directive2013/33/EUrecasting

thereception arrangements(recast reception directive) -and the monitoring of theconsistent

applicationin practiceof the Lisbon TreatyfortheCommon EuropeanAsylum Policy.

In particular, thechangesof the DublinII Regulationincludedirectreference to judgmentMSS

/Belgium and Greece, insertingthe provision that “if amember stateis in crisis, namely if it is

judged that thereareinadequateconditions of detentionandreceptionresulting

ininhumananddegrading conditionsor risk tothe life of theasylum seeker the obligations

under the Regulation willbe temporarily suspendedandasylum seekers will not be returned to

the state of first entry.Furthermore, anearly warning mechanism is established,whereby

MemberStates shouldsystematically inform aboutthenumber of asylumseekers, detention

conditions or categories ofdetention(vulnerable groups, victimsof torture andtraffickingand

smuggling ofpersons)in order to evaluatethepotential crises. Finally, theright to

familyreunification is broadened, so thatunaccompaniedminors areentitled to jointheir

brothers, grandfathers, uncles, and notonly their parents, as applicable, evenwhen

theirrelativesare asylumseekers. As far asanothersignificant changeto the process is

concerned,whenasylum seekers submit a request toanother country and not the one of first

entry, they should receive a justified response on their request and not rejection on the basis

of the Dublin Regulation. This meansin practice thatthe asylum seekercan remainin the

countryuntil his/her caseis determined. Finally,those returning in accordance with the Dublin

Regulation,will notbe made subject toadministrative detention(unless there is a

serioussuspicionof absconding).

The amendmentof theDirective fortheReception Conditionsregulatesmore

clearlywhenasylumseekers canbe detained, emphasising that detention is imposedat:

identification,cross-checking ofthe information containedin the application forasylum,

examination of possible involvementincriminalacts,the examination of whetherreasons of

nationalsecurity exist, and thepreparationforreturnto anothermember-state pursuant to the

Dublin Regulation. Member States are required to have Detention Centres for Asylum

Seekers (Special), while detention in a penitentiary centre will be possible only when the

number of detainees in the Detention Centresis extremely high. The relevant requirements of

detention conditions are confirmed (information in a language that the detainee understands

access to health services etc.) and the need to protect vulnerable groups.

AsregardstheRevisionof the Eurodac Regulation, there is a balancingoutboth of

theenlargement ofaccesstopolicerecords available-in a rational and proportionate

tothehierarchy manner-and responsibilityfor keeping records by a qualifiedindependent

bodyandnot by thenationalsecurity authoritiesof a state.

130

See T. Micha, page 2 http://www.constitutionalism.gr/site/wp-content/uploads/2013/07/2013_takis-on-irregular-

migration.pdf and the relevant presentation of the Athens News Agency, 31.01.2013, Brussels,1134.

The above are thus policies that Greece must also implement as soon as possible within 2014 for the improvement of

the system.

62

The Member States should, therefore, transpose thesefour legislative acts in their

nationallegislation.

Proposals for 2014

Greece, having justmanaged toimplement thepreviouslegislative framework(First

ReceptionService,Asylum Service) withrelatively longdelayshould now movemuchfaster in

ordertoimplementchangesin a way thatwill facilitate themanagementofthe high number

ofasylum applications andthe extended presence of migrantswithoutpapers, in particular,

in terms of the early warning mechanismand support of Member States that

facestrongmigratorypressures.

63

APR National Report ANNEXES

Annex A: Methodology and Definitions

A1. Methodology

To draft this Annual Policy Report according to the specifications for 2013, important information

was drawn from the web sites of all parties involved in Greece,131

international organisations,

NGOs, including the European Migration Network and the European Commission, websites related

to the European asylum and migration policy, as well as policies concerning in general the

European Union‟s area of Freedom, Security and Justice (border management, visas, security issues

etc).

Considerable information was also drawn from meetings with the competent agencies, by

exchanging relevant questionnaires or making focused discussions. Data were mainly sent by email.

Statistics were sent by the intermediary of the relevant services of the Ministry of Interior. In

general, the biggest problem was the lack of certain information by specific agencies (e.g. Ministry

of Justice) or the different speediness of processing, filling in and sending information in other

cases. We drew information from the following agencies:

a) The Ministry of the Interior, responsible for the planning and implementation of theimmigration

policy and the social integration of third-country nationals through the General Secretariat for

Population and Social Cohesion and for the issuance of certain categories of residence permits, as

well as on matters of citizenship (legal framework and procedure).

b) The Ministry of Public Order and Citizen Protection, responsible for for the planning and

implementation of thepolicy on the management of illegal migration as well as on the surveillance

of the borders (Hellenic Police and Coast Guard), managing illegal immigrants and handling the

asylum process (Asylum Service, First Reception Service and Appeals Committee).

c) The Ministry of Foreign Affairs, responsible for the issuance, renewal, revocation of national and

Schengen visas, including the conclusion of re-entry agreements.

d) The Ministry of Labour, Social Securityand Welfare, responsible for assessing labour market

needs, recording requests for transfer of foreign workers, establishing criteria for the renewal of

residence permits (e.g. terms of social security) and applying labour laws through the inspections

conducted by the Hellenic Labour Inspectorate.

e) The Ministry of Health and Social Solidarity, responsible for access to health services and relief

benefits.

131

See in particular the websites of: Ministry of Interior, General Secretariat for Population and Social Cohesion

(http://www.ypes.gr/el/Generalsecretariat_PopulationSC/) and Gender Equality (http://www.isotita.gr), Ministry for

Citizen Protection/Hellenic Police (http://www.minocp.gov.gr/main.php and

http://www.hellenicpolice.gr/newsite.php?&lang respectively), Ministry for Labour and Social Security

(http://www.ypakp.gr), Ministry of Health and Social Solidarity, (http://www.yyka.gov.gr), Ministry of Education,

Lifelong Learning and Religion (http://www.minedu.gov.gr), Ministry of Justice, Transparency and Human Rights

(http://www.ministryofjustice.gr). Information was also drawn from other agencies‟ web sites: UN High Commissioner

for Refugees – Office in Greece (http://www.unhcr.gr), European Court of Human Rights

(http://www.echr.coe.int/ECHR/homepage_en), European Committee for the Prevention of Torture

(http://www.cpt.coe.int/en/default.htm), Citizen Ombudsman (http://www.synigoros.gr), National Committee on

Human Rights (http://www.nchr.gr), various NGOs, such as the Greek Union for Human Rights (http://www.hlhr.gr),

the Greek Council for Refugees (http://www.gcr.gr ) etc.

64

f) The Ministry of Justice, Transparency and Human Rights, responsible via Public Prosecutors for

the custody of unaccompanied minors.

By the intermediary of the Ministry of the Interior, information was also drawn from Greece‟s

decentralized Administration Units (formerly Regions) that are responsible for the issuance and

renewal of certain categories of residence permits.

Non-governmental agencies that offered relevant information include:

- The UN High Commissioner for Refugees (Office in Greece) co-operating with the competent

authorities, NGOs and other agencies for the protection of refugees in Greece, taking part in the

various stages of the asylum process;

- The Citizen Ombudsman, i.e. the ombudsman for immigration;

-The National Committee for Human Rights, a consulting body to the State on matters of human

rights.

Further, information was drawn by NGOs such as the Greek Council for Refugees, the Greek

League for Human Rights, METAction and the Greek Red Cross.

The Reports by international NGOs, such as Amnesty International, the Observatory for Human

Rights and European Union Fundamental Rights Agency (FRA) were a significant tool for the

critical assessment of the legislative framework and the way it works.

A2. Terms and Definitions

Based on the research to draft this Report, national terms used and their definitions were not

different from the ones given in the Glossary of the European Migration Network.

65

Annex 2: National Statistics

ANNEX 1

STATISTICS ANNEX 2013 FOR GREECE

CONTRIBUTING TO COMMISSION AND EASO ANNUAL REPORTS

1. LEGAL MIGRATION AND MOBILITY

1.1 Key Statistics

First residence permits, by reason 2013

First

permits (all)

Family

reasons

Education

reasons

Remunerated

activities reasons

Other

reasons

Total 16194 9095 1075 1175 4849

Female 9394 5746 613 518 2517

Male 6800 3349 462 657 2332

1.6 Integration132

1.6.1 Statistics

Please complete the Table below.

Annual average unemployment rates of (Member) State citizens versus third-

country nationals residing in the (Member) State for 2013

Third country nationals Total national population

Total Female Male Total Female Male

Unemployment

rate (%) Data not to be submitted by EMN, Eurostat data to be used.

132

Please also refer to the European Agenda for the Integration of third-Country nationals, COM(2011)455 final.

66

1.7 Managing Migration and Mobility

1.7.1 Statistics

Visas issued (by gender) in 2013

Schengen Visas National Visas

Issued to third

country nationals

coming directly from

a third country

Issued to third

country nationals

resident in another

EU Member State

Issued to third

country nationals

coming directly from

a third country

Issued to third

country nationals

resident in another

EU Member State

Total 1.458.009 8.958 7.719 84

Female 846.962 5.159 3.789 36

Male 611.047 3.799 3.930 48

Visas issued (by gender) in 2013 NEW VIS SYSTEM

Schengen Visas National Visas

Issued to third

country nationals

coming directly from

a third country

Issued to third

country nationals

resident in another

EU Member State

Issued to third

country nationals

coming directly from

a third country

Issued to third

country nationals

resident in another

EU Member State

Total 51.293 19 1.697 15

Female 23.140 6 358 8

Male 28.151 13 1.339 7

Undefined 2 0 0 0

2. IRREGULAR MIGRATION AND RETURN

2.6 Priority VI: Enhancing migration management including cooperation on return practices

2.6.3 Key statistics

Third-country nationals returned (by gender / nationality where possible)133

Returned as part of forced return

measures

Returned voluntarily Among third-country

nationals returned

voluntarily, the number of

133

Please provide the total number of third country nationals ordered to leave and returned in 2012. Please provide a

breakdown of this total by nationality where possible.

67

third-country nationals

returned as part of an

assisted return programme

Total Female Male Minor Tot. Male Fem. Min. Tot. Male Fem. Min.

Albania 6967 309 6658

Pakistan 4833 5 4828

Bangladesh 1364 3 1361

Afghanistan 737 6 731

Georgia 497 196 301

Bulgaria 492 163 329

Iraq 426 13 413

Algeria 404 4 400

Morocco 315 8 307

China 310 88 222

India 271 6 265

Egypt 245 4 241

Iran 176 4 172

Romania 168 52 116

Turkey 146 10 136

Syria 120 3 117

Palestine 103 1 102

Ukraine 90 51 39

Tunisia 86 0 86

Nigeria 85 9 76

Philippines 82 40 42

FYROM 63 7 56

Russia 61 31 30

Serbia 53 5 48

68

Moldova 51 25 26

Ghana 43 2 41

Libya 40 4 36

Sudan 35 0 35

Sri Lanka 29 6 23

Senegal 27 1 26

Hong Kong 26 7 19

Indonesia 24 13 11

Ethiopia 19 12 7

Dominican

Republic 19

5 14

Poland 18 7 11

Armenia 17 3 14

Somalia 17 0 17

Nepal 11 1 10

Sweden 11 3 8

Kazakhstan 10 3 7

Cote D‟

Ivoire 8

0 8

Gambia 8 0 8

Mauritania 8 0 8

Mongolia 8 4 4

Myanmar

(Burma) 8

0 8

Burkina Faso 7 0 7

Vietnam 6 1 5

Germany 6 2 4

Belarus 6 5 1

Lebanon 6 0 6

69

United

Kingdom 5

1 4

Israel 5 1 4

Sierra Leone 5 1 4

Tanzania 5 0 5

Azerbaijan 4 0 4

Italy 4 0 4

Kenya 4 0 4

Hungary 4 3 1

Brazil 3 1 2

France 3 1 2

Cameroon 3 0 3

Κροατία 3 2 1

Guatemala 2 0 2

Guinea 2 0 2

Spain 2 0 2

Democratic

Republic of

Congo 2

0 2

Lithuania 2 0 2

Niger 2 0 2

Uganda 2 2 0

Uzbekistan 2 0 2

Ruanda 2 0 2

Argentina 1 0 1

Belgium 1 0 1

Bosnia

Herzegovina 1

0 1

Eritrea 1 0 1

70

Estonia 1 0 1

USA 1 0 1

Japan 1 0 1

Jordan 1 0 1

Canada 1 0 1

Kuwait 1 0 1

Latvia 1 1 0

Malaysia 1 0 1

Mali 1 0 1

Barbados 1 0 1

New Zealand 1 0 1

Norway 1 0 1

Honduras 1 0 1

Uruguay 1 0 1

Peru 1 0 1

Slovakia 1 0 1

Thailand 1 1 0

Djibouti 1 1 0

Togo 1 0 1

Finland 1 1 0

Chile 1 0 1

Total 18653 1138 17515

2.7 Other measures to combat irregular migration

2.7.4 Key statistics

Sanctions and measures against illegally staying third-country nationals in 2013

No of Employers

investigated

No of Employers sanctioned Sectors where irregular activity

concentrated – (with reference to the

Statistical classification of economic

71

activities (SCEA-08) based on

theStatistical classification of

economic activities NACE Rev. 2 of

the EU

32.448 147 56 Food and beverage service

activities

01 Crop and animal production,

hunting and related service

activities

14 Manufacture of wearing

apparel

47 Retail trade, except of motor

vehicles and motorcycles

45 Wholesale and retail trade

and repair of motor vehicles and

motorcycles

10 Manufacture of food

products

55 Accommodation

46 Wholesale trade, except of

motor vehicles and motorcycles

60 Programming and

broadcasting activities

96 Other personal service

activities

41 Construction of buildings

49 Land transport and transport

via pipelines

27 Manufacture of electrical

equipment

35 Electricity, gas, steam and

air conditioning supply

31 Manufacture of furniture

21 Manufacture of basic

pharmaceutical products and

pharmaceutical preparations

81 Services to buildings and

72

landscape activities

80 Security and investigation

activities

77 Rental and leasing activities

61 Telecommunications

25 Manufacture of fabricated

metal products, except machinery

and equipment

11 Manufacture of beverages

73

2.8 The fight against facilitation of irregular migration („smuggling‟)

2.8.1 Key statistics

Third country nationals identified as smuggled persons, reflection periods provided to smuggled

persons and Residence permits granted to smuggled persons, 2013 including definition.

Definition of „smuggling‟ in your (Member) state i.e.

whether this covers facilitated entry only, or

facilitated entry and stay, to assist comparability.

“Whoever facilitates the entry to or the exit

from the Hellenic territory of a third country

national, without the required control

provided by Article 5, is sentenced to

imprisonment of up to ten (10) years and a

minimum fine of twenty thousand (20.000)

euros. If this person acted with a view to

making a profit, by profession or habit or if

the crime is committed by two (2) or more

persons, an imprisonment of at least ten (10)

years and a fine of at least fifty thousand

(50.000) euros are imposed”.(Article 87 par.

5 L. 3386/2005) and

“Any person who facilitates the illegal

residence of a third-country national or

obstructs the police investigations aiming at

locating, arresting and expelling such

national shall be punished by imprisonment

of at least one year and a monetary fine of at

least five thousand (5.000) euros. If the said

person acted for profit, he shall be published

by imprisonment of at least two years and a

monetary fine of at least ten thousand

(10.000) euros”. (Article 87 par. 6 L.

3386/2005)

Total Female Male

Number of third country nationals identified as

smuggled persons

Number of reflection periods provided to smuggled

persons (e.g. in accordance with Directive

2004/81/EC where your Member State implements

this for smuggled persons)

Number of residence permits granted to smuggled

persons (e.g. in accordance with Directive

2004/81/EC where your Member State implements

this for smuggled persons)

2.8.2 Key statistics

74

No of smugglers arrested as suspects and smugglers convicted 2013

Arrested / otherwise involved in a criminal

proceeding

Convicted

843

3. INTERNATIONAL PROTECTION INCLUDING ASYLUM

NB Key asylum and international protection statistics will be collected directly from Eurostat by

COM. Additional statistics to be provided by Member States where available are set out below:

3.3 Intra-EU solidarity including relocation134

3.3.2 Key statistics

NO DATA AVAILABLE

Third-country nationals relocated to your (Member) State in 2013

Number of third country nationals

relocated to your (Member) State

Male Female Total Top 3 countries of

origin of third-

country national

(if known).

From Member

State 1:

E.g. Austria

From Member

State 2:

E.g. Belgium

From Member

State..

Etc.

Total

3.4 Enhancing the external dimension including resettlement135

3.4.2 Key statistics

NO DATA AVAILABLE

134

Relocation: the transfer of persons having a status, defined by the Geneva Convention or subsidiary protection

(2004/83/EC) from the Member State which granted them international protection to another Member States where they

will be granted similar protection (see EMN Glossary V2). 135

Resettlement: the transfer on a request from the UNHCR and based on their need for international protection, of a

third-country national or stateless person from a third country to a Member State where they are permitted to reside with

one of the following statuses: i. refugee status ii. a status which offers the same rights and benefits under national and

EU law as refugee status (see EMN Glossary Version 2).

75

Third-country nationals resettled in your (Member) State in 2013

Country from which third country nationals

were resettled (if known).

Number of third country nationals resettled in

your (Member) State

Male Female Total

From Country 1: E.g. Afghanistan DATA TO BE PROVIDED BY THE

COMMISSION VIA EUROSTAT BY MARCH

2014 From Country 2 Etc.

Total

4. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS

4.3 Key statistics

Unaccompanied minors 2013

Number of unaccompanied minors not applying

for asylum136

Number of unaccompanied minors applying for

asylum

Total Female Male Total Female Male

(from

1.1.2013 to

6.6.2013):

130137

2 128

(from

7.6.2013 to

29.11.2013):

171138

5 ACTIONS ADDRESSING TRAFFICKING IN HUMAN BEINGS

5.1 Priority A: Identifying, protecting and assisting victims of trafficking

5.1.1 Key statistics

136

No data available

137 Data from the Aliens Police Directorate until 6.6.2013. As from this date the Asylum Service is the competent

authority for relevant data. 138

Data from the Asylum Service from 7.6.2013 to 29.11.2013.

76

Victims of trafficking 2013

Total Female Male

Total number of third country nationals ‘presumed’ to be

victims of trafficking in human beings139

in 2013

No data

available

Age Over 18 years of age

Under 18 years of age

Form of exploitation Sexual exploitation

Labour exploitation

Other (please state:

1.

2.

3. etc.

Citizenship (top 3 countries) 1.

2.

3.

Total number of third country nationals ‘identified’ as

victims of trafficking in human beings140

in 2013

Disaggregated according to:

74 53 21

Age Over 18 years of age

Under 18 years of age

Form of exploitation Sexual exploitation

Labour exploitation

Other (please state:

1.

2.

3. etc.

Citizenship (top 3 countries) 1.

2.

3.

139

„Presumed‟ victims are persons who fulfil the definition of victim of trafficking in human being, as outlined in

Directive 2011/36/EU, but whom have not been formally identified by the relevant authorities (i.e. the national

person/body authorised to formally identify victims). 140

„Identified‟ victims are those whom have been formally identified by the relevant authority (i.e. the national

person/body authorised to formally identify victims).

77

Total number of reflection periods granted 2013: No data

available

Disaggregated according to: Dir. 2004/81/EC

Other

Total number of residence permits granted 2013: 74 53 21

Disaggregated according to Dir. 2004/81/EC

Other

Note: this terminology is in keeping with terminology used by Eurostat141

5.3 Priority C: Increased prosecution of traffickers

5.3.3 Statistics

NO DATA AVAILABLE

Traffickers arrested as suspects and traffickers convicted

Arrested / otherwise involved in a

criminal proceeding Convicted

Traffickers

***********************

141

Eurostat (2013) Eurostat Methodologies and Working papers: Trafficking in human beings. Available at:

http://ec.europa.eu/dgs/home-affairs/what-is-new/news/news/2013/docs/20130415_thb_stats_report_en.pdf

78

Annex 3: Bibliography / References /Sources

The key legislative instruments for the asylum system, asylum-seekers, irregular immigrants, returns etc are:

L. 1453/1984 „Ratification of the agreement for the promotion of thebilateral cooperation on

employment issues between the Governments ofHellenic Republic and the Arabic Republic of

Egypt‟ [GG Α΄88/1984]

L. 2482/1997 „Ratification of the Agreement of seasonal employment oflabour force between

Hellenic Republic and the Republic of Albania‟ [GG Α΄73/1997]

L. 3838/2010 „Current provisions on Greek Citizenship and politicalparticipation of ethnic Greeks

and legally residing migrants and otherregulations‟, [GG 49 A‟/24.3.2010]

L.3907/2011 „Establishment of Asylum Agency and Agency of First Reception, adaptation of Greek

legislation to the provisions of Directive 2008/115/ΔC: “on common rules and procedures in member

states for the return of illegally residing third country nationals‟‟ and other provisions‟ [GG Α‟

7/26.01.2011]

L. 4009/2011 „Structure, operation and guarantee of studies quality and internationalization of high

educational foundations‟, [GGA‟ 195/ 6.9.2011]

L. 4018/2011 „Restructuring of the system for the issuance of permits for alien's residence in the

country under provisions of enhanced security, regulations on issues of local administration and

other provisions under the responsibility of Ministry of Interior‟,[ GG Α 2́15/ 30.09.2011]

L. 4052/12 „Law regarding issues of Ministry of Health and Social Solidarity and the Ministry of

Labour and Social Insurance for the implementation of L. 4046/2012‟‟, [GG A 41/2012 ]

PD 113/2013 establishing a single procedure for granting the status of refugee or beneficiary of

subsidiary protection in compliance with Directive 2005/85/EC of the Council “on minimum

standards on procedures in Member States for granting and withdrawing refugee status” (L

326/13.12.2005) and other provisions.

PD 114/10 „Establishing a single procedure for granting aliens andstateless people the refugee status

or international protection‟, incompliance with Directive 2005/85/ΔC of the Council “on minimum

standards on procedures in Member States for granting and withdrawing refugee status” (L

326/13.12.2005) [GG Α' 195/22.11.2010]

PD 141/2013 that aligns Greek laws with the provisions of Directive 2011/95/EU of the European

Parliament and the Council of December 13th 2011 (L 337) on standards for the qualification of

third-country nationals or stateless persons as beneficiaries of international protection, for a uniform

status of refugees or for persons eligible for subsidiary protections, and for the content of the

protection granted (recast).

PD 220/2007 aligning Greek laws with the provisions of Directive 2003/9/EC of the Council of

January 27th, 2003, laying down minimum standards for the reception of asylum seekers (ΔΔL

31/6.2.2003).

79

PD 102/2012 on the organisation and operations of the First Reception Service under the Ministry

for Public Order and Citizen Protection.

PD 104/2012 on the organisation and operations of the Asylum Service under the Ministry for Public

Order and Citizen Protection.

PD 116/12 Amendment of PD 114/2010 „Extension of asylum seekers‟ detention up to one year‟

[GG Α' 201/19.10.2012]

Minister of Health decision No. Υ1.Γ.Π.οικ.92490/2013 regarding the Programme of medical

examination, psychosocial diagnosis and support and referrals of incoming irregular third-country

nationals to first reception structures that established also a procedure for determining the age of

minors.

Ministerial Decision on Citizenship, http://static.diavgeia.gov.gr/doc/ΒΙΚΘΩ-46Π

Books – Articles – Reports

Akrivopoulou Chr., Papandreou M., "The fundamental rights of an asylum-seeker and the

questionable proof of a 'safe country', To Syntagma, Issue 3, 2011, p.591-614 [in Greek]

AIDA (Asylum Information Database)(2013), National Country Report: Greece, June2013, Greek

Council for Refugees.

Hellenic Parliament, Legislative Work, Code of Migration and Social Inclusion

http://www.parliament.gr/Nomothetiko-Ergo/Syzitiseis-kai-Psifisi?law_id=3dc12081-29cd-40fd-

890f-3fd8eecc352b

Communication from the Commission to the European Parliament and the Council, Evaluation of

EU Readmission Agreements, COM(2011)76 final, 23.2.2011

Communication from Greece concerning the case of M.S.S. against Belgium and Greece

(Application No. 30696/09), available at

https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetIma

ge=2391979&SecMode=1&DocId=2074912&Usage=2

Communication from a NGO (HLHR - Hellenic League for Human Rights) (12/11/13) in the case of

M.S.S. against Belgium and Greece and reply of the Greek authorities (22/11/2013) (Application No.

30696/09).

Communication from NGOs (Amnesty International, The International Commission of Jurists (ICJ)

and the European Council on Refugees and Exiles (ECRE)) (18 and 22/02/13) and reply of the

Greek authorities (27/02/13) in the case of M.S.S. against Belgium and Greece (Application No.

30696/09), available

athttps://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetIm

age=2242120&SecMode=1&DocId=1986544&Usage=2., Communication from a NGO (HLHR -

Hellenic League for Human Rights) (12/11/13) in the case of M.S.S. against Belgium and Greece

and reply of the Greek authorities (22/11/2013) (Application No. 30696/09 available

athttps://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetIm

age=2401495&SecMode=1&DocId=2079540&Usage=2

Submission by the United Nations Special Rapporteur on the human rights of migrants pursuant to

Article 46.2 of the European Convention on Human rights, of his reports on his visits to Italy

(A/HRC/23/46/Add.3) and Greece (A/HRC/23/46/Add.4)

80

Commission International de l‟Etat Civil, Les personnes dépourvues des documents d‟identité et

d‟état civil. Note de synthèse sur les législations et pratiques dans les Etats members de la CIEC,

2009, accessible online http://www.ciec1.org/Etudes/Fraude/DT8-Synthese7-SansPapiers-

FINAL%2031.3.10.pdf.

Dimitropoulou, G. &Papageorgiou , Ι. (commissioned by the High Commissioner-Greece)

Unaccompanied Minor Asylum-Seekers in Greece, April 2008 [in Greek]

Demeli P.Τ., (2012), “Regarding protection of unaccompanied minor refugees: the birth of the centre

for the accommodation of unaccompanied minors "VillaAzadi” on Lesvos”, in Troumeta, S. (ed.),

The refugee and migration issue, Papazisis editions [in Greek].

Amnesty International: Greece- a frontier of hope and fear. Immigrants and refugees pushed back at

the borders of Europe 2014 http://www.amnesty.org/es/library/asset/EUR25/004/2014/en/b13b147f-

dee6-42cc-9ec0-74fb253f3597/eur250042014el.pdf

European Parliament, Readmission policy in the European Union, study, 2010

Eurpopean Parliament hearing on 20 March, EU migration policy: A push back for migrants‟ rights

in Greece, 2014

Annual Policy Report 2012, (Greece), European Migration Network, July 2013

http://www.srcosmos.gr/srcosmos/showpub.aspx?aa=6353

National Centre for Social Solidarity, Annual Report 2012.

http://www.ekka.org.gr/portal_docs/forceaccount/picture/19_1062.pdf

Hellenic Presidency and UN High Commissioner for Refugees

http://www.unhcr.gr/fileadmin/Greece/Extras/EU/UNHCR_recommendations_toGreecefor_the_EU

_Presidency_GR.pdf

Hellenic

Policehttp://www.astynomia.gr/index.php?option=ozo_content&perform=view&id=24727&Itemid=

73&lang=

EMN Focussed Report 2013 Attracting highly-qualified and qualified third-country nationals 2013,

at http://ec.europa.eu/dgs/home-affairs/what-we-

do/networks/european_migration_network/reports/docs/emn-

studies/attracting/11b.greece_attracting_highly_qualified_tcns_submission_el.pdf

EMN Focussed Report 2013, Migrant Access to Social Security and Health Care: policies and

practice in Greece, at http://ec.europa.eu/dgs/home-affairs/what-we-

do/networks/european_migration_network/reports/docs/emn-studies/illegally-

resident/11b.greece_national_report_social_security_el_version.pdf

Frontex, Annual Risk Analysis 2013.

Greek Action Plan οn Asylum And Migration Management, Executive Summary, Progress Report,

January – May

2013http://www.europarl.europa.eu/meetdocs/2009_2014/documents/libe/dv/p4_progressreport_/p4

_progressreport_en.pdf.

Human Rights Watch, Unwanted visitors, Abusive practice by the Hellenic Police against migrants

in Athens, 2013

Kannelopoulos K., Gregou M., Migrant return from Greece. The Greek contribution to the third

EMN research report on migrant returns, Athens, September 2006

Centres for the Reception and Accommodation of Asylum-seekers http://www.unhcr.gr/genikes-

plirofories/ellada/artikel/71928feeaa814ed87baf591ec92b8ec7/kentra-ypodochis-kai.html

81

ΔΛΑΣ

http://www.astynomia.gr/index.php?option=ozo_content&perform=view&id=24727&Itemid=73&la

ng=

Migrant „Push Backs‟ at Sea are Prohibited „Collective Expulsions‟ Oxford Human Rights Hub,

10.02.2014

OECD (2013), International Migration Outlook, SOPEMI, Paris

ProAsyl, Pushed back: systematic human rights violations against refugees in the Aegean Sea and at

the greek-turkish land border, 7.11.2013

Papassiopi-Passia Z., The New Greek Nationality Code: an introduction, 60 RHDI, 2007, p. 283-

288.

Papassiopi-Passia Z., The legal position of migrants in Greece, 59 RHDI, 2006, p. 425-448

Aeneas Programme, Report by the Forum on experience in the areas of re-entry and return in

Western Balkans, Tirana, November 2008.

Strik T., Readmission Agreements: a mechanism for returning irregular migrants, PACE Report,

Doc. 12168, 16.3.2010

Greek Ombudsman, Deletion of a victim of trafficking from the National List of Unwanted Aliens

for humanitarian reasons, January 2006

Ministry of Foreign Affairs, Interpretative Circular. Entry and stay of aliens in Greece: cases,

conditions and procedure for granting visas; special cases of granting Schengen visas, 3.8.2012

http://www.unhcr.gr/fileadmin/Greece/News/2013/PCjuly/2013_July_Positions_GR.pdf

The Stockholm Programme: an open and secure Europe serving and protecting Citizens (2010/C

115/01)

Recommendations by the Greek Ombudsman to the Hellenic Presidency of the EU, 15 January 2014

Greek Ombudsman, Outstanding issues for citizenship according to Article 1, 25 July 2013,

http://www.synigoros.gr/resources/eggrafo--i8ageneias-gia-site.pdf

Greek Ombudsman, Administrative Detention of Aliens http://www.synigoros.gr/resources/130521-

amigdaleza.pdf

Greek Ombudsman, Mediation summary “Deletion of a victim of trafficking from the

National List of Unwanted Aliens for humanitarian reasons”, January 2006.

A. Takis, Long-term residents without papers: The “damned remnant” of the European migration

and asylum policies, athttp://www.constitutionalism.gr/site/wp-content/uploads/2013/07/2013_takis-

on-irregular-migration.pdf

Asylum Service, Ministry for Citizen Protection, Press Release, 2 December 2013

http://www.minocp.gov.gr/asylo.php?option=ozo_content&perform=view&id=4860&Itemid=465&l

ang

Ministry of Health and Social Solidarity, Reply to an MP‟s question, No. 67045 / 22-7-2011,

http://www.hellenicparliament.gr/UserFiles/67715b2c-ec81-4f0c-ad6a-

476a34d732bd/7451108.pdf

Ministry of Labour, Social Security and Welfare,

http://www.ypakp.gr/TELIKOI_DIKAIOUXOI_2013-06-27-1.zip - ZIP archive,unpacked size

618.662 bytes

UN High Commissioner for Refugees, Centres of Reception and Accommodation in Greece, (Last

update February

82

2013)http://www.unhcr.gr/genikesplirofories/ellada/artikel/71928feeaa814ed87baf591ec92b8ec7/ke

ntra-ypodochiskai.Html

UN High Commissioner for Refugees, Remarks regarding the admnistrative detention of third-

country nationals in Greece, including asylum-seekers, 20 August 2013 and references therein to

other agecies‟ findings, available at

http://www.unhcr.gr/nea/artikel/2793ecbd10b3df365cbd7384ab67661a/episimanseis-scheti.html

Cases before the ECtHR

S.D. v. Greece, application 53541/07 (2009)

R.U. v. Greece, application 2237/08 (2011)

ECtHR, Grand Chamber, M.S.S. v. Belgium and Greece, Application No. 30696/09

Rahimi v. Greece application 8687/08 (2011)

Efremidze v. Greece, LIN v. Greece(Νο 58158/10) (06-11-2012),

AHMADE SEYDMAJED TOY MODARK H MOBARET v. Greece (Νο 50520/09) (25-09-2012),

BYGYLASHVILI Gannet v. Greece (25-09-2012), I.B. v. Greece (28-08-2012),

MAHMUNDI IBRAHIM et al. v. Greece (Νο 14902/10) (31-07-2012), LICA Arben v. Greece (17-07-

2012), BUYAN Adil et al. (03-07-2012), 31/07/2012

Tabesh v. Greece, application 8256/07, (2009)

Ministers in the cases of "Hirsi Jamaa v. Italy" and the group of cases of "M.S.S. v. Greece"

(12/07/2013) available

athttps://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetIm

age=2401555&SecMode=1&DocId=2082246&Usage=2

Statistics

Statistics of Asylum Service from 7 June 2013 to 29 November 2013 available at

http://www.minocp.gov.gr/images/stories//2013/02122013-stat_asylum_gr.pdf

Migration indices http://www.indexmundi.com/greece/net_migration_rate.html

Clandestino Data Base on Irregular Migration (http://irregular-migration.net).

Eurostathttp://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Asylum_statistics

News

http://news.in.gr/greece/article/?aid=1231291351,

http://www.ekathimerini.com/4dcgi/_w_articles_wsite1_1_30/01/2014_536933 ,

http://www.tanea.gr/news/greece/article/5080181/dendias-emeis-diafwnoyme-me-ta-doyblina-sth-

diaxeirish-ths-metanasteyshs/

http://www.tovima.gr/society/article/?aid=493418

http://news247.gr/eidiseis/koinonia/eglima/sok_sto_panellhnio_epistates_sth_nea_manwlada_gazws

an_me_sfaires_metanastes_poy_zhthsan_na_plhrwthoun.2216257.html

83

http://www.gcr.gr/index.php/en/news/press-releases-announcements?start=25

http://news.in.gr/greece/article/?aid=1231261014

http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12962&LangID=E

http://www.unhcr.gr/nea/artikel/2793ecbd10b3df365cbd7384ab67661a/episimanseis-scheti.html

http://www.koutipandoras.gr/article/42999/politiki-dolofonia-apo-fasistes-nekros-o-34hronos-

paylos-fyssas

http://www.naftemporiki.gr/stream/986/dolofonia-paulou-fussa,

http://www.reuters.com/article/2013/09/18/us-greece-stabbing-idUSBRE98H0ZZ20130918

UK launches £2m project in Greece to assist repatriation of migrants, 19.1.2014, in

http://www.theguardian.com/uk-news/2014/feb/19/uk-launches-project-greece-repatriation-migrants

Official Sites

Ministry of the Interior – General Secretariat for Population and Social Cohesion

(http://www.ypes.gr/el/Generalsecretariat_PopulationSC/), and General Secretariat for Gender Equality

(http://www.isotita.gr), Ministry for Citizen Protection/Hellenic Police (http://www.minocp.gov.gr/main.php

and http://www.hellenicpolice.gr/newsite.php?&langrespectively), Ministry of Labour and Social

Security (http://www.ypakp.gr), Ministry of Health and Social Solidarity (http://www.yyka.gov.gr), Ministry

of Education, Lifelong Learning and Religion (http://www.minedu.gov.gr), Ministry of Justice,

Transparency and Human Rights (http://www.ministryofjustice.gr). Information was also drawn from the

websites of other agencies: UN High Commissioner for Refugees – Office in Greece (http://www.unhcr.gr),

European Court of Human Rights (http://www.echr.coe.int/ECHR/homepage_en), European Committee for

the Prevention of Torture (http://www.cpt.coe.int/en/default.htm), Citizen Ombudsman

(http://www.synigoros.gr), National Committee for Human Rights (http://www.nchr.gr), various NGOs such

as the Hellenic League for Human Rights, (http://www.hlhr.gr), the Greek Council for Refugees

(http://www.gcr.gr ) etc.

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