Asylum-seekers, being in that vulnerable position, could be seen as the subject par excellence of the human rights and most in need of a grid of protection. And to be sure, again and again their rights are violated. In Europe, a grim record of human rights violations, in the wake of the Dublin II regulation and the failure of the Greek asylum system, is being exposed. The human rights institutions have been harsh in their critique, but what has been achieved?
On 21 september 2010, the United Nations High Commission for Refugees (UNHCR) declared the asylum situation in Greece a “humanitarian crisis”. The situation has been problematic for a long time. A large number of reports speak of a malfunctioning asylum system, unable to effectively determine the asylum claims being made, and a systematic practice of detaining asylum seekers for periods ranging from a few days to a few months without adequate information given as to the reasons for detention. Furthermore the detention facilities are reported as being overcrowded, unsanitary, and lacking in ventilation, mattresses and access to toilets.