9 3. The First Reception Service The First Reception Service (FRS) was established by Law 3907 of 26 January 2011 together with the Asylum Service, within the Ministry of Citizen Protection and operates directly under the authority of the Minister of Citizen Protection. The mission of the First Reception Service is described in Article 6 of Law 3907/2011 as “to effectively manage the flow of illegally entering third-country nationals in the country under conditions that respect their dignity by including them in the procedures of First Reception”.31 From its institutional set-up it is clear that the First Reception Service’s main role is to organise the screening and referral of third country nationals entering the territory irregularly in order to ensure their prompt referral to the relevant procedures and authorities within Greece. In addition to the Central First Reception Service, the law provides for the establishment of First Reception Centres and temporary or mobile First Reception Units. The First Reception Centre in Fylakio was the first to open on 19 March 2013 but as mentioned above, the objective is to open a total of four First Reception Centres. At the time of ECRE’s visit there were also mobile First Reception Units operating in Lesvos and Samos. While the opening of the First Reception Centre in Lesvos is foreseen for 2015, the location of the two other First Reception Centres has not been decided yet. With those additional First Reception Centres, a total of 4,000 to 5,000 persons a year could pass through the First Reception system. This would also depend on the nationalities arriving, as currently Syrians, for instance, only have to spend a very short time in the First Reception Centre. Mobile Units are deployed on a temporary basis, depending on where there is a need for additional support because of a particular influx. The mobile unit operating in Lesvos was receiving on average 30 third country nationals a day at the time of the ECRE visit but it could be envisaged that the mobile units could in the future process about 20,000 persons per year.32 According to the law, all third country nationals who are arrested while entering the country in an irregular manner must be subjected to so called “First Reception procedures”, which include five main activities: (1) verification of identity and nationality; (2) registration; (3) medical examination and the provision of necessary care and psycho-social support; (4) the provision of proper information on their rights and obligations and in particular about international protection and (5) the identification of those belonging to vulnerable groups in order to ensure their access to the proper procedure.33 The First Reception Service is also responsible for the referral of third country nationals to the competent authorities after having determined the appropriate procedure for the individuals concerned. This means that those wanting to apply for international protection must be referred to the Regional Asylum Office which is responsible for the region concerned, those belonging to vulnerable groups must be referred to the Ministry of Solidarity and Social Welfare and the third country nationals who do not apply for international protection and are not considered as vulnerable, are referred to the Hellenic Police for their return or readmission. It is important to recall, as already highlighted above, that the final piece of the First Reception Model, adequate open reception facilities adapted to the special needs of asylum seekers and vulnerable persons and in particular unaccompanied children, is still largely missing in practice in Greece. The number of open reception places for asylum seekers across the country remains disproportionately low in light of the number of arrivals in Greece. The Director of the First Reception Service informed ECRE that a draft Ministerial Decision provides for the creation of three new centres for unaccompanied children (two in Athens (Penteli and Ilio) and one in Sparta), the management of which will be subcontracted to NGOs. At the time of writing, this Ministerial Decision was not yet published. The lack of reception capacity in open facilities is one of the main reasons why the current first reception system, as implemented in Evros, remains largely dysfunctional. Asylum seekers who go through the procedure in the First Reception Centre of Fylakio are then, in most cases, directly transferred to the adjacent Fylakio Detention Centre,34 where they can be subjected to prolonged detention in substandard conditions and with limited access to free legal assistance. In addition, no open centres exist for those wanting to return to their country of origin on a voluntary basis. According to the Director of the First Reception Service efforts to find accommodation for these persons had not been successful in the past.35 According to the Director, efforts continue to identify an appropriate location for an open centre for those wanting to return voluntarily but this is also complicated by the negative attitude of local communities and municipalities in many cases vis-à-vis third country nationals. See the English translation of Law 3907 of 26 January 2011. (Unofficial translation by UNHCR Athens). Interview with Mr. Nikas, Director of the First Reception Service, 5 December 2014. Article 7(1) Law 3907/2011. This may also in some cases include vulnerable persons, including unaccompanied children, as is illustrated by GCR’s legal interventions in such case in the past months. 35 An example was the attempt by IOM and the First Reception Service to create an open centre with a capacity of 100 places for persons wanting to return voluntary in Aghia Varvara (in Athens) with a budget of 4 million euros. Whereas the centre would also provide meals and other services, such as health care, to local Greek population as well, it met with opposition of the local authorities and the plan was abandoned. Interview with Mr. Nikas, 5 December 2014. 31 32 33 34