Children’s understanding of the meaning of asylum, including by those who have
made an application, was very limited, and children often highlighted that the red
card meant they would not be arrested. According to 15-year-old Nurullah F. from
Afghanistan, his father told him to flee from a refugee camp after the killing of a
relative due to links to a political group. His understanding of asylum was as follows:
“I know that if I have the red card I have regular status for six months, so I decided to
have the red card.”125
The government-funded Red Cross program in Patras was a positive example of
providing access to asylum procedures for unaccompanied children and asylum
seekers in general. Unaccompanied children arrested by police or port police were
referred to the Red Cross, informed about their rights to seek asylum and offered a
place in a care center. The Red Cross assisted more than 100 unaccompanied
children in filing an asylum application within the two years the program was
operating. The program, however, was halted at the end of August 2008 after funding
by the EU and the Greek government was used up.126
Representation during Asylum Procedures
As mentioned above, a child aged 14 or older and deemed mature enough to
understand the meaning of an asylum application does not have to be represented
by his or her guardian by law, and the police in that case only have to inform the
child’s guardian. This obligation to notify the child’s guardian stops if the child is 16
or 17 years old, if he or she is likely to turn 18 before the first-instance decision, or if
the child is married or has been married.127 These legal loopholes result in an
absence of legal representation and protection of unaccompanied children in the
asylum procedure.
None of the children interviewed by Human Rights Watch who submitted their
asylum applications at Petrou Ralli police station have been represented by a
guardian or lawyer. The Greek Council for Refugees told Human Rights Watch they do
125
Human Rights Watch interview with Nurullah F., Athens, May 27, 2008.
126
Email correspondence from Dora Papadopoulou, Hellenic Red Cross, to Human Rights Watch, September 4, 2008.
127
Presidential Decree 90/2008, art. 12.1-3.
45
Human Rights Watch December 2008
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