-916.
A further consequence of the events that unfolded after 28 February 2020, was the decision
by certain prosecutors to criminally charge migrants with illegal entry into the country.
Law 3386/2005 on the “Entry, residence and social inclusion of third country nationals in the
Greek Territory” states under Article 83, paragraph 1, that “Third-country nationals who …. enter or
attempt to enter Greece without legal formalities shall be punished by imprisonment of at least three
months and a fine of at least one thousand five hundred EUR (1,500€)”. In the past, in practice,
prosecutors have used their discretionary powers under Article 83, paragraph 2, of the Law not to
pursue criminal charges against irregular migrants.
17.
The CPT understands that Public Prosecutors in Alexandroupolis District and on the island of
Lesbos have filed criminal charges against some migrants but that these cases have yet to come to
court. Likewise, 12 minors from Afghanistan have also been charged but their cases were postponed
by the Court of Minors on 5 March 2020 due to a lack of interpretation services. However, the Public
Prosecutor in the district of Orestiada (north Evros) was the most systematic in criminally charging
and seeking punitive sentences for migrants who entered the country in an irregular manner.
Between 28 February and 14 March 2020, the single-member Misdemeanours Court in
Orestiada sentenced 103 persons to imprisonment under the above-mentioned regulation. In 19 cases
which concerned women, the sentences were suspended and the administrative procedure for
deportation was applied (the delegation met many of them at Filakio). In the remaining 84 cases, 79
men were sentenced to periods of up to four years of imprisonment and a fine of 10,000 Euros and
five women were sentenced to three or three and a half years of imprisonment and a fine of 5,000
Euros. 12 The cases were all referred to the Court under the procedure of ‘flagrante delicto’ and hence
dealt with within 24 hours of the person’s apprehension.
18.
The CPT has serious misgivings about the way in which these cases were conducted. For
example, two Turkish men had entered Greece at 6 a.m. on 14 March (a Saturday), were apprehended
near to Neo Cheimonio and brought to Orestiada police station at 9:40 a.m. on that day. In the early
afternoon of the same day, they had a hearing (at which they claimed they could not understand the
proceedings and that they did not have a chance to speak to their lawyer), at the end of which both
were sentenced to four years of imprisonment and a fine of 10,000 Euros. In another case, a family
from Afghanistan was arrested on 29 February and, on the same day, the husband was sentenced to
three years and six months and a fine of 4,000 Euros and the wife received a suspended three-year
sentence and fine of 5,000 Euros, which at least enabled her to remain with her two children (aged
11 months and 2 years) albeit within an immigration detention facility. At no stage were any of these
persons, or others whom the delegation met, allowed to make a phone call to inform someone of their
situation while held in police custody.
12
The women were all transferred to Thiva Women’s Prison near Athens.