14 their request for asylum does not exempt c. Consequences of detention for states from their human rights obligations—in asylum seekers particular, from complying with the prohibition on refoulement (“non- The detention of asylum seekers under the refoulement“).26 illegal stay scheme has serious consequences In the context of the Greek islands, people arriving by rubber dinghy from refugeesending countries can undoubtedly be understood to be seeking international protection from the moment they encounter the Greek authorities. Even without access to interpreters, the police should be aware that the people they arrest on islands such as Rhodes and Symi, islands known for receiving large numbers of refugees, are asylum seekers within the meaning of the law. There is further evidence that the police are aware of this. In all five of the cases analysed for this update, the applicants informed Equal Rights that they had asked for asylum upon being detained and then again once inside the PRDC. Moreover, as Equal Rights has observed, the police eventually facilitate the asylum registration for people detained under this scheme. In two cases, the police even issued individuals a “will for asylum” number upon arresting and detaining them for illegally staying in Greece. At the time of their arrest, migrants detained under the illegal stay scheme are thus asylum seekers who are legally staying in Greece. Accordingly, they cannot lawfully be subject to a return order or detained for the purpose of their return. Instead, the police are obligated to transfer them to the nearest reception centre, in this case the Kos CCAC, in accordance with Art. 38 of the Asylum Code. for people’s asylum procedure. Detention has a negative impact on asylum seekers’ cases in myriad ways—detained asylum seekers have more limited access to lawyers and confidential spaces to meet with them, no access to interpreters, little reliable information on the asylum procedure, and experience added stress and anxiety throughout the procedure.27 In particular, asylum seekers detained under this policy do not receive information about the asylum procedure, such as how to register for asylum or their rights during the procedure, although both Greek and EU law require this.28 They also do not receive information about the reasons for their detention or remedies against it because the police do not have interpreters. Four of the five files we reviewed for this section included a proof of notification document signed without an interpreter present. In the 5th file, there was no proof of notification document at all. All five files also mention an information bulletin supposedly issued in the applicant’s native language containing information about their rights during the deportation procedure. However, Equal Rights did not receive copies of this information bulletin and so cannot confirm whether people actually received it or not. In any case, the information bulletin does not provide information about the asylum procedure. Compounding the lack of information, asylum 28 27 Detained and Forgotten, supra note 3, at 26-27. Art. 8(1) Directive 2013/32/EU; Art. 70(1) L. 4939/2022. ‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2022/23