Out of the spotlight: The rights of foreigners and minorities are still a grey area
2004. The GCR further expressed concern that
such “interruptions” could lead to unfounded
decisions of rejection and put at risk
individuals who upon being returned to their
countries could be persecuted and tortured.
Academic research has also questioned the
compatibility
of
such
practices
of
“interruption” with the obligations of the
Greek authorities to uphold the principle of
non-refoulement and has concluded that “in
fact, the Greek authorities appear to
subordinate [this] obligation … to procedural
minutiae aiming to reduce the number of
asylum applicants” and that “Greece
demonstrates bad faith in the way in which it
implements the provisions of the Dublin-II
Regulation”. 25
With regard to these findings, Amnesty
International has expressed concern about the
lack of specific stipulations in this Decree that
would guarantee the rights of applicants to
have their application examined in full
following their transfer back to Greece on the
basis of the Dublin II Regulation. The
organization is concerned that the provisions
of Article 2.8 of PD 61/99 are applied in ways
that render it impossible for the applicant to
know that the examination of their application
has been “interrupted” (the process through
which persons of “unknown residence” are
informed is not clear) and thus effectively limit
their right to appeal a decision of
“interruption”. This then leads to a decision of
rejection by the authorities after the lapse of
the designated three-month period of appeal,
and in such cases the authorities refuse to
examine in full asylum applications upon the
applicant’s return to Greece and instead issue
immediate deportation orders. Thus, Amnesty
International is concerned that the Greek
authorities officially “interrupt” the process of
examination of some asylum applications in
25
Panayiotis N. Papadimitriou and Ioannis F.
Papageorgiou, 2005, “The New ‘Dubliners’:
Implementation of European Council Regulation
343/2003 (Dublin-II) by the Greek Authorities”,
Journal of Refugee Studies 18 (3): 312.
Amnesty International 5 October 2005
14
ways that might expose persons to a risk of
human rights violations. Amnesty International
wrote to the authorities regarding one such
individual who was at risk of being returned to
the Darfur region of Sudan (see below).
Amnesty International was also informed by
local experts during its visit to Greece in June
2005 that on account of this practice, Norway
has stopped returning asylum-seekers to
Greece under the Dublin II Regulation.
1.4 Areas of concern in the
application
of
the
legal
framework
1.4.1 Access
procedure
to
the
application
While the definition of asylum-seeker in
Article 1.1 of PD 61/99 makes it clear that
protection may by requested (i) in writing, (ii)
orally, or (iii) indirectly, in practice the last
two methods are not taken into account by
authorities. During Amnesty International’s
mission to Greece in January 2005, the
organization’s delegation met with police
officers at stations in regions where foreigners
had been detained on charges of illegal entry. 26
In all of the four stations visited (Mytilini,
Ferres, Didimoticho, Soufli), the officers
claimed that all of the detainees were
“economic migrants”. However, interviews in
the two stations, where the delegates were
allowed to conduct them in private with the
detainees, revealed that the provisions of this
Article had not been fully adhered to.
In one case (Soufli), two male detainees, who
were Turkish nationals, claimed that they had
26
Article 31(1) of the Refugee Convention
prohibits the imposition of penalties “on account of
their illegal entry or presence, on refugees who,
coming directly from a territory where their life or
freedom was threatened (…), enter or are present in
their territory without authorization, provided they
present themselves without delay to the authorities
and show good cause for their illegal entry or
presence”.
AI Index: EUR 25/016/2005
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