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Committee of Ministers Secrétariat Du Comite Des Ministres

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Committee of Ministers Secrétariat Du Comite Des Ministres SECRETARIAT GENERAL SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRÉTARIAT DU COMITE DES MINISTRES Contact: Simon Palmer Tel: 03.88.41.26.12 Date: 27/04/2012 DH - DD(2012)427* Item reference: 1144th meeting DH (June 2012) Communication from the government of Greece in the case of M.S.S. against Belgium and Greece (Application No. 30696/09). Information made available under Rule 8.2.a of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements. * * * Référence du point : 1144e réunion DH (juin 2012) Communication du gouvernement de la Grèce dans l'affaire M.S.S. contre Belgique et Grèce (Requête n° 30696/09) (anglais uniquement). 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. * In the application of Article 21.b of the rules of procedure of the Committee of Ministers, it is understood that distribution of documents at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers (CM/Del/Dec(2001)772/1.4). / Dans le cadre de l'application de l'article 21.b du Règlement intérieur du Comité des Ministres, il est entendu que la distribution de documents à la demande d'un représentant se fait sous la seule responsabilité dudit représentant, sans préjuger de la position juridique ou politique du Comité des Ministres CM/Del/Dec(2001)772/1.4). 1 Permanent Representation of Greece to the Council of Europe No.: F6702/ 74 /AS 314 Strasbourg, 26 March 2012 To: Mrs Genevieve Mayer Head of the Department for the Execution of Judgments of the E.C.H.R. DG II, Council of Europe F-67075, CEDEX R: Case M.S.S. v. Belgium and Greece (no 30696/09). Dear Madame, Allow me to update you on the recently performed and further planned technical improvements at the detention facilities of the region of Evros ( north-east Greek border), as well as on specific actions planned in order to manage the expansion of the illegal immigration phenomenon and therefore ameliorate the conditions of detention of the third country nationals. The ultimate goal pursued by Greek authorities is to safeguard human rights within the framework of dignity, respect of particularities, non-marginalization and classification of people. (I) GENERAL ISSUES – CREATION OF SPECIAL DETENTION FACILITIES FOR ILLEGAL IMMIGRANTS. Regarding the First Reception Services established by the Law 3907/2011, the total number of employees offering their services – exclusively under secondment – at these Services, is eight (8). In addition, a new announcement – call for the expression of interest regarding the cover of five (5) more posts under secondment is under process. a. In the frame of the continuous efforts made by the Ministry of Citizen Protection to improve building facilities and to ensure a healthy stay and protection of detainees, a “General Operation Rule of the Regional First Reception Services” was drafted (Joint Ministerial Decision no. 7001/2/1454-h, dated 26/01/2012, Government Gazette no.64), according to which coordinated efforts are made in order to tackle the problems faced in some Services and which result from the existing building infrastructure, often enough in combination with the great number of detainees. 2 The pursued goal is to establish detention conditions for the detainees that are in conformity with the standards set by the E.E and the principles of the ECHR as interpreted by the Court. b. Presidential Decree Draft on the Organization and Operation of the First Reception Service – final phase of processing. The provisions of the said Presidential Decree safeguard such preconditions, conditions and infrastructures that upgrade the protection level provided for human rights, always taking into consideration the elevation of and respect to human values. The aforementioned legislative regulations typically form the first official recording of legislative documents governing Reception Centers (formerly Special Centers for the Detention of Foreigners – EHPǹ) and of the operation regulations of the detention facilities which used to be carried out in accordance to the service orders issued. c. Furthermore, the general requirements and the technical specifications for the First Reception Regional Services have already been drafted and a market research has been performed for the first Regional First Reception Service in the area of Evros. d. A Memorandum of Understanding has been entered into between Greece and the European Economic Area (EEA – Norway, Switzerland, Island, Lichtenstein), which provides for a financing of 20,873,417.00 euros for the enhancement of the Asylum and Immigration sector; more specifically, for covering the direct needs arising from the reception of third country nationals and providing accommodation to vulnerable groups and unaccompanied minors, for enhancing the programs of voluntary return, as well as for enhancing the United National High Commissioner for Refugees regarding the continuation of support provision to Greek Authorities. e. With regard to a plot (17,388 sq.m.) provided in the region Fylakio Evros, adjacent to the area that hosts the current Reception and Detention Center for illegal immigrants of Fylakio, Municipality of Kyprinos, I would like to inform you that a proposal has been made on the credit for the performance of the project1 in the context of the Annual Program of the European External Border Fund for 2012 – value of 5,500,000.00 euros – completion within the current year. f. Following the Joint Ministerial Decision rendered by the Minister of Finance, the Minister of Development, Competitiveness and Shipping and the Minister of Citizen Protection (signed on 19/09/2011), which assigned the Hellenic Public Real Estate Corporation (KED) with the seeking of 1 Construction of a new building facility as a Reception Center, as well as the construction of a biological treatment plant which shall also serve the adjacent building facilities. 3 appropriate building facilities2 in the region of Northern Evros, we hereby inform you that the required cost of five million euros (5,000,000.00 €) shall be covered by credits from the European External Border Fund (European participation by 75% and national participation by 25%). To this end, all the necessary procedures are in the way for the use of a building plot of 11,000 sq.m. in the region of Orestiada, Prefecture of Evros (a former factory of coffee processing). (II) TECHNICAL IMPROVEMENTS IN THE BORDER DETENTION DEPARTMENTS OF EVROS – TAKING OF MEASURES FOR THE GENERAL IMPROVEMENT OF CONDITIONS OF DETENTION OF THIRD COUNTRY NATIONALS. 1. GENERAL In the following paragraphs you may find a summary of the joint actions taken for the two border Police Divisions (Police Division of Alexandroupolis and Police Division of Orestiada) with regard to the technical improvements in their Border Guarding Departments, as well as for the measures adopted for the management and tackling of the illegal immigration of entry points of the Greek- Turkish borders. (i) On 23/01/2012, a respective contract of 437,987.00€ was signed through the External Border Fund with regard to the reparation – restoration – reformation (painting, restoration of hygiene areas, placement of metal beds) of the detention areas of the Border Guarding Department of Soufli (capacity of 32 beds), Kyprinos in Orestiada (Fylakio Evros – capacity of 378 beds) and of Tychero (capacity of 76 beds) respectively. The works shall be completed within four (4) months from the date mentioned above. (ii) Studies and budgets of 70,000.00 € were drafted and funding was provided from the External Border Fund for the installation of a closed circuit television system at the Border Guarding Departments of Metaxades, Soufli, Tychero and Orestiada, which have been already installed. (iii) RECRUITMENT OF SPECIALIZED PERSONNEL . The Ministry of Citizen Protection established a support program for third countries nationals who are temporarily held in detention, by psychologists and social workers, assisted by proper interpreters and translators (2nd Phase). This program, which shall last up to 30/06/2012, employs, under assignment contracts, 25 psychologists, 25 social workers and 21 interpreters and translators, both in the Police Directorate of Attica as well as in the Police Division of Alexandroupolis, Orestiada and Rodopi within the framework of the annual program of the European Return Fund. 2 For the hosting the a Regional First Reception Service, the Regional Asylum Office and FRONTEX (European Agency) offices, as well as several public services that support their work (Hellenic Police Division, headquarter of Border Guarding Services, Fire Brigade – Multi-purpose Center) 4 There is a stipulation for the renewal of such program, as well as its expansion to other Greek regions that face intensive migration flows, under the annual program 2012 of the European Return Fund. (iv) Moreover, the Hellenic Police Headquarter is paying a great attention to the significant problem of vulnerable groups (i.e. women, single-parent families, elderly) and mostly of minor immigrants (applying the provisions of Law 3907/2011, whereby the Greek legislation was adjusted to the provisions of Directive 2008/115/EC). The goal aimed is to provide the required protection level. More specifically in case of detention, people that fall
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