ΑΛΛΗΛΕΓΓΥΗ ΣΤΗΝ ΕΕ: ΕΞΕΛΙΞΕΙΣ ΣΤΟ ΠΕΔΙΟ ΤΗΣ ΠΡΟΣΦΥΓΙΚΗΣ ΠΡΟΣΤΑΣΙΑΣ ΚΑΙ ΠΡΟΚΛΗΣΕΙΣ ΣΤΗΝ ΕΕ ΚΑΙ ΣΤΗΝ ΕΛΛΑΔΑ

Maria Dimitrakopoulou 159 In the light of above, if the only indicator of the deal’s success is the fall in number of arrivals to Europe, then the EU-Turkey deal is indeed a success. However, this is both premature and unrealistic. The statement encourages discrimination and de- tention on grounds of nationality, as a result, access chances for individuals from nationality groups with low recognition rates are deteriorating. 27 In addition, de- lays in asylum procedures and poor living conditions in hotspots have resulted in asylum seekers and prima facie refugees losing hope and concluding that access to asylum in Europe may no longer be possible for them. As a consequence, plenty of them have felt obliged to accept returns to either Turkey or to their countries of origin. 28 Finally, there is a vast gap to comprehensive and effective human rights monitoring for people in removal proceedings after negative decisions. 29 III. The European Policy framework surrounding “Hotspots” The hotspot approach has never been comprehensively defined, and there is no specific EU level legal framework designed to regulate the hotspots. Instead, the approach is regulated by the Common European Asylum System (CEAS) and the na- tional law of Greece. The hotspot approach can be understood as comprising three elements: physical sites, working method and a filtering mechanism to categorize new arrivals on the basis of their likely status. 30 27. As will be explained later in this brief, so far 216 Syrians felt obliged to accept a return to Turkey and 1,144 non-Syrians have been returned because they had been registered as either having “no will to apply for asylum”, because they withdrew their will to apply or their application, because their case was closed for other reasons or because their asylum application was rejected on eligibility grounds. Procedures have varied greatly over time and between different islands. Authorities also carry out so-called merged procedures in which admissibility and eligibility assessments are carried out at the same time. From December 2016 to May 2017, the police targeted individuals amongst others from Pakistan, Bangladesh, Algeria, Tunisia, Morocco and Egypt. The police resumed this practice on a greater scale in August 2017, available at: http:// www.legalcentrelesbos.org/2017/09/30/september-report-on-rights-violations-and- resistance-in-lesvos/. 28. Situation on the Greek islands on 5 November 2017, Ministry of Digital Communication Policy and Information ,http://mindigital.gr/index.php/%CF%80%CF%81%CE%BF%CF%83 %CF%86%CF%85%CE%B3%CE%B9%CE%BA%CF%8C-%CE%B6%CE%AE%CF%84%CE%B7%CE%BC% CE%B1-refugee-crisis/1707-apotyposi-tis-ethnikis-eikonas-katastasis-gia-to-prosfygiko- kai-metanasteftiko-zitima-tis-06-11-2017. 29. ECRE/ ELENA, Legal Note on Access to Legal Aid in Europe, November 2017, https:// www.ecre.org/wp-content/uploads/2017/11/Legal-Note-2.pdf and Joint report of 25 organisations for cases of violations of asylum seekers’ rights, August 2017, http:// www.solidaritynow.org/en/joint-report-25-organizations-cases-violation-asylum- seekers-rights/. 30. Amnesty International, Hotspot Italy: How EU’s flagship approach leads to violations of refugee and migrant rights, 3 November 2016, 11-12.