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accelerated procedure and likewise that people who do not file an application for
asylum as soon as possible are not also deemed to be manifestly unfounded,
and, therefore also placed in the accelerated procedure.
Reform the appeals committee so that it operates transparently through
published decisions and is not housed in the Secretariat General for Public Order.
Ensure that it maintains sufficient staffing and resources to fairly consider new
cases before it, as well as the existing backlog of cases.
Provide an efficient and dignified way for asylum seekers to lodge asylum claims
in Athens. Allow any asylum seekers who appear at a port of entry, transit zone,
or police station anywhere in the country at any time to submit an asylum
application and in doing so to receive a receipt with an appointment date for a
first-instance asylum hearing and papers that entitle them to stay in Greece until
they are issued a red card (the standard document for asylum seekers).
Provide asylum seekers access to legal representation, funded through public
funds.
As a matter or priority, train asylum interviewers and decision-makers on
subsidiary protection for people fleeing indiscriminate violence arising from
armed conflict or from torture or inhuman and degrading treatment (introduced
into Greek law in July 2008).
Take note of UNHCR’s recommendation that all states consider asylum seekers
from central and southern Iraq as refugees based on the 1951 Refugee
Convention, and that those who are not so recognized should be afforded
subsidiary protection.
Provide an efficient and dignified way for asylum seekers holding a red card to
renew their cards in six-month intervals.
Avoid the detention of asylum seekers and, consistent with international
standards, resort to detention only when necessary and on grounds prescribed
by law; when detaining asylum seekers, comply with Presidential decree
90/2008 Article 13.2 that “the time period of confinement [for an asylum seeker]
shall in no case exceed sixty (60) days.” Provide a means for detainees to
challenge their detention and to seek provisional release.
Close the Mitilini, Peplos, and Venna detention facilities and open new facilities,
as needed, modeled on the new detention facility on Samos. Ensure the
adequate space, privacy, cleanliness, recreation, access to health care and legal
and family visitation necessary for humane conditions of detention.
9
Human Rights Watch November 2008
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