THE DUBLIN II TRAP TRANSFERS OF ASYLUM-SEEKERS TO GREECE 19 In addition, the Greek Ombudsman in October 2009 referred to a number of flaws in the asylum application procedures carried out by the police. In particular, the Ombudsman referred to a practice that has been reported by a number of NGOs and asylum-seekers over the past two years. According to them, decisions rejecting asylum applications were written in Greek, and handed by the police to the asylum applicants simultaneously with their pink cards, with the result that they were not able to understand either the decision on their application, or the relevant deadline for lodging an appeal.65 The non-participation of UNHCR in the Advisory Refugee Committees renders concern about the fairness and effectiveness of the asylum procedure even greater, since the specialization of its staff and their impartiality will now be absent from any part of the process, having previously at least been part of the second-tier appeal panels. Amnesty International considers that the examination of asylum applications by police officers who lack proper training, qualifications or expertise, not only jeopardizes the fairness and efficiency of the asylum determination procedure, but also contravenes Article 8(2)(c) of the Asylum Procedures Directive, according to which, “… Member States shall ensure that: the personnel examining applications and taking decisions have the knowledge with respect to relevant standards applicable in the field of asylum and refugee law”. 4.4. LACK OF THOROUGH INTERVIEWS AND EXAMINATIONS OF CLAIMS ASYLUM PROCEDURES DIRECTIVE Article 12 Personal interview Before a decision is taken by the determining authority, the applicant for asylum shall be given the opportunity of a personal interview on his/her application for asylum with a person competent under national law to conduct such an interview. A personal interview shall take place under conditions which ensure appropriate confidentiality. I was asked to write in a few lines the reasons for my asylum application. I wrote in my language “I want a lawyer, I want a translator, I want asylum”. M., asylum-seeker from Afghanistan returned from Belgium One or more full and thorough asylum interviews are an important component of a fair asylum determination procedure. Interviewers should create a climate of confidence, enabling asylum-seekers to bring their stories to light and put forward in full their reasons for claiming asylum.66 International standards require a shared duty between the determining authority and the asylum-seeker of ascertaining and evaluating relevant facts. If the determining authority fails to take proper steps to ascertain relevant facts, it may be unable to properly identify whether the person is a refugee and therefore risks breaching its obligations, most notably the principle of non-refoulement. Index: EUR 25/001/2010 Amnesty International March 2010

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