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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