Asylum Service violated an essential step of the examination of an asylum application. In particular,
despite one of the applicants’ claim of being a victim of torture, the Asylum Service neither referred the
applicants to the competent authorities for medical examination, nor did the Asylum Service inform the
applicant about the possibility to undergo such examination on his own initiative/expense. In particular,
the Court stated that “during his interview the applicant made specific allegations about torture he suffered
in the past. However, nothing in the file indicated that he was informed of his possibility to be examined,
on his own initiative and at his own expense, by a legally competent medical service, for the examination
[…] of the existence of symptoms and signs of torture, nor was he competently referred at any stage of
the procedure, for relevant consideration. [..] thus […] the decision should be cancelled and referred back
to the Administration, in order to comply with the type of the procedure […]”.729
4. Legal representation of unaccompanied children
Indicators: Unaccompanied Children
1. Does the law provide for the appointment of a representative to all unaccompanied children?
Yes
No
Under Greek law, any authority detecting the entry of an unaccompanied or separated child into the Greek
territory shall take the appropriate measures to inform the closest Public Prosecutor’s office and the
General Secretariat for Vulnerable Persons and Institutional Protection.730
On 22 July 2022, L 4960/2022 on the National Guardianship System and Framework of Accommodation
of UAMs731 entered into force, replacing former law L 4554/2018 on guardianship, which was never
implemented in practice. New provisions on guardianship and accommodation were inserted in the third
part of the Asylum Code regarding Reception (provisions on guardianship were incorporated in Chapter
C / Part 3 in Articles 66A-66ΚΔ and provisions on accommodation in Chapter D / Part 3 in Articles 66ΚΕ–
66ΛΔ). Under the new legislative provisions on guardianship, general competency was transferred from
the National Centre for Social Solidarity of the Ministry of Labour and Social Affairs to the Special
Secretary for the Protection of Unaccompanied Minors (SSPUAM) now General Secretariat for Vulnerable
Persons and Institutional Protection (GSVPIP).
Under the new law, the provision of guardianship is delegated to a list of legal entities appointed by the
Public Prosecutor (i.e., public entities, NGOs, international organisations) who employ persons acting as
guardianship-mandated persons (henceforth referred to as “mandated guardians”). The Public Prosecutor
can also appoint a child’s family member or friend to be responsible for their everyday care.
In late October 2023, METAdrasi and Praksis NGOs were identified by MoMA as the two entities entrusted
with the execution of the National Guardianship scheme, following a public procurement process. 732 The
project commenced officially on 1 November 2023, and as per its blueprint, the initial two months were
dedicated to preparatory measures, such as trainings and prioritisation of cases. Subsequently, the first
mandated guardians were deployed on the ground at the beginning of 2024, after obligatory trainings
were concluded.
729
730
731
732
Decision 593/2023 of First Instance Administrative Court of Thessaloniki – case supported by ARSIS lawyer
Anthi Argyriou in op. cit., ARSIS – Association for the Social Support of Youth, Seeking International
Protection: A Case-Law Handbook, 2022-2023, pp. 91-94.
Article 64(1) of the Asylum Code as amended by Article 4 L.4960/2022.
L 4960/2022 National Guardianship System and Framework of Accommodation of UAMs and other provisions
under the jurisdiction of the MoMA.
For administrative and funding purposes, the two NGOs operate under a Private Agreement Partnership, with
METAdrasi taking the lead with a 70%-30% split of responsibilities.
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