Out of the spotlight: The rights of foreigners and minorities are still a grey area interviewing process 28 and in one of these (Didimoticho) also refused to answer a number of questions including whether the police personnel at the station had received training in human rights. Following the organization’s visit to the country, Amnesty International wrote to the Ministry of Public Order in January requesting information regarding the detention of asylum-seekers, including the number and locations of currently operating detention centres and the facilities available in them but received no reply. 1.4.2 Length and complexity of the process In practice, the major problem in the asylum determination process is the length of time taken for reviewing applications. Because of the backlog of applications, a secondary procedure exists that precedes the formal lodging of an asylum application, whereby prospective applicants are asked to visit the Athens Asylum Department often for months before their applications can be lodged. Lawyers interviewed by Amnesty International’s representatives have stated that it takes about a year on average before asylum applicants are issued with a “red card”, despite the fact that PD 61/99 sets the maximum period of first instance examination at three months (Article 2.2). During this time, they are provided with a document stating that they have handed in an application for asylum and indicating identification details. This does not mean that their application is being examined, but merely that it exists. This document allows its holder to remain in Greece while waiting for their application to be placed in the review process and is usually valid for three months (although periods may vary, as stated in a recent report published by the Ombudsman’s 28 In these cases, Amnesty International representatives refused to proceed with the interviews. Amnesty International 5 October 2005 17 office). 29 The document can be extended if the application has not been forwarded for examination in this space of time and if the applicant presents the document to the Asylum Department officers for renewal. In practice, many individuals who state their intention to apply for asylum and request forms from the Athens Asylum Department are turned away many times before they can actually obtain a form and then again before their form is accepted. One lawyer interviewed by the organization claimed that one of her clients, who had entered Greece as a minor, waited for two years before his fingerprints were taken (and thus the application logged for examination and a “red card” given to him). This secondary process is not provided for in PD 61/99 and thus its application in practice is often arbitrary. For example, because the details on the document only record the information the applicant has provided, they are subject to confirmation by the police e.g. through visits to the address the individual has provided to ensure that they reside there. If the details are found to be false, further access to the asylum process is denied. Yet the assessment of the veracity of such information is not always transparent. Applicants may reside in hostels or in temporary lodgings along with other co-nationals where the turnover of residents is high; consequently neighbours are not always able to confirm the individual’s residence there if the individual is not present at the time of the police check. Officials are aware of this problem and as a result, often refuse access to the asylum application process to individuals who provide “suspect” addresses, such as of hostels known to accommodate individuals from specific countries. On the day of the delegation’s visit to the Athens Asylum Department, the 29 % % & ' ( ) ( [Problems in the Logging and Examination of Asylum Applications in the Athens Alien’s Unit] Report prepared by Andreas Takis, Calliope Stephanaki, and Chrysa Hatzi, Human Rights section, Ombudsman’s Office, June 2005. AI Index: EUR 25/016/2005

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