FORGOTTEN
Administratively detained irregular migrants and asylum seekers
February 2002, No. 51564/99) the ECHR identified the availability of
interpreters as one of the factors which affect the accessibility of an
effective remedy. The rights of the third-country national to receive
linguistic assistance should be granted by Member States in a way
which provides the person concerned with a concrete and practical
possibility to make use of it (“effet utile” of the provision)”38
ii. Findings
Despite the relevant legislative provisions and the guidelines of the
European Commission, from our discussion with the detainees, we
found out that they ignore their exact legal status as well as the
content of the documents handed to them by the police authorities
since no interpretation services are provided in the detention centers
we visited. Many detainees told us that they sign documents without
knowing their content.
i. Lack of free legal aid
i. Legal Framework
Apart from the provision of art. 28 par. 3 of Law 3907/2011, which –as
already mentioned– states that “the competent authorities are obliged
to offer information and any possible assistance to third country
nationals who request legal councelling and representation”, par. 4
of the same article states that: “the necessary legal assistance and
representation is provided upon request free of charge in accordance
with the provisions of Law 3226/2004 (O.G. 24 A’) when, according
to the judge’s opinion, the application to annul is not manifestly
unacceptable or manifestly unfounded, by analogous application
of article 15 paragraphs 3-5 of Directive 2005/85/EC, as transposed
into Greek legislation by the presidential decree 114/2010 (O.G. 195
A’). This paragraph shall enter into force on 24/12/2011”. Moreover,
according to article 46 par. 7 of Law 4375/2016, “detainees seeking
international protection in the case of a challenging detention order
are entitled to free legal assistance in accordance with the procedure
laid down in the provisions of Law 3226/2004 (A’ 24), which shall apply
accordingly”.
38 Ibid, page 72
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