THE DUBLIN II TRAP TRANSFERS OF ASYLUM-SEEKERS TO GREECE 27 asylum-seekers: “Now, as the years go by, no new structures are being created. Support for refugees’ legalization is getting harder. We have entered a descending phase. In the coming years we think that the situation will become even more tense.” On 17 December 2008 the Board of the Union of Trainees and New Lawyers of the Athens Bar Association expressed its deep dissatisfaction about the fact that hundreds of lawyers faced obstacles in submitting asylum applications at the Petrou Ralli building, with the average waiting time to submit asylum applications on behalf of their clients exceeding six hours.95 On 17 June 2009 the Athens Bar Association commented on the organization of asylum determination procedures in Greece as “tragic”.96 4.8. THE RIGHT TO AN EFFECTIVE APPEAL EU CHARTER OF FUNDAMENTAL RIGHTS Article 47 Right to an effective remedy and to a fair trial Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice. 97 EUROPEAN CONVENTION ON HUMAN RIGHTS Article 13 Right to an effective remedy Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.98 ASYLUM PROCEDURES DIRECTIVE Article 39 Member States shall ensure that applicants for asylum have the right to an effective remedy before a court or tribunal. Until July 2009 there was a right of appeal against a first instance refusal of an asylum claim before a six-member Appeals Board. This was made up of a legal adviser, acting as President of the Board, two representatives from the Ministry of Foreign Affairs (diplomatic officer and legal adviser to the Ministry of Foreign Affairs), a senior police officer, a representative of the Athens Bar Association, and a representative of UNHCR in Greece. Although the Appeals Index: EUR 25/001/2010 Amnesty International March 2010

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