24
GREECE
IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS
providing legal assistance to detainees. Those detained at the Ferres borderguard station told
the organization that the police officers in charge ignored their pleas to be given access to a
lawyer. Amnesty International delegates requested the list of local lawyers from the police
officers in charge and showed it to the detainees.
In addition, lawyers offering pro bono assistance spoke of barriers to their access to asylumseekers and irregular migrants who were detained in various borderguard stations in Evros,
whom they were authorized to represent or tried to assist, even when they gave their client’s
name to the police officers in charge. Those barriers included refusal to allow access to the
detainee unless permission was received from the central police directorate of the Prefecture,
and the borderguards’ refusal to confirm whether an individual was detained in the centre.85
A representative of the local Bar Association in Chios, who visits the Mersinidiou centre, said
she faced difficulties because the local police authorities only gave her permission to attend
the centre during morning hours, which is when lawyers need to be in court.86
There are also concerns about the lack of, or outdated, information materials about asylum
determination and deportation procedures in several of the detention areas visited. Police
authorities in Patmos, who were interviewed by Amnesty International in June 2009, were not
aware that an information leaflet on asylum determination procedures was available in five
languages. Some of the detainees in Ferres said they had not seen the government’s leaflets
on asylum determination procedures and deportation procedures. At Mersinidiou the
information leaflet was available only in the offices of the police but not in the dormitories
and it did not include the legislative amendments of June 2009. Some of the detainees at
the centre said that they had seen the leaflet, some that they had not. Furthermore, many of
the detained asylum-seekers interviewed in September 2009 did not know about their right
to appeal against a negative decision on their asylum application or what would happen to
them if their asylum applications were rejected. During the May 2010 visit to Athens airport
detention facility, the police authorities told the Amnesty International that there was only a
leaflet on deportation procedures in five languages but no leaflet on asylum determination
procedures in the facility.
3.5.2. COMMUNICATION WITH THE OUTSIDE WORLD
According to international human rights principles, irregular migrants and asylum-seekers
who are detained should have the right to be visited by members of their family and for
adequate opportunity to communicate with the outside world.87 The UNHCR Revised
Guidelines on Applicable Criteria and Standards Relating to the Detention of Asylum-Seekers
(1999) state that asylum-seekers in detention should be entitled, amongst other things, to
contact with the local UNHCR Office and national refugee bodies and other agencies, and
the opportunity to make regular contact with and receive visits from friends and relatives,
religious, social and other counsel.88 The EU Returns Directive requires Member States to
allow third-country nationals in detention to contact legal representatives, family members
and competent consular authorities.89
Article 81 (1) of PD 90/2008 guarantees asylum-seekers the right not to be hindered in their
contact with UNHCR or any other organizations which cooperate with UNHCR. Article 67(4)
of PD 141/1991 stipulates that “…the police must facilitate telephone contact between the
detainees and their families in order to inform them, if they so wish, of the place and reasons
of their detention.”90
Amnesty International July 2010
Index: EUR 25/002/2010
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