Out of the spotlight: The rights of foreigners and minorities are still a grey area showers. They were all examined by doctors at the Centre for Rehabilitation of Torture Victims in Greece and were issued documents confirming that the scars on their bodies were consistent with the torture they had described. The individuals also claimed to have taken part in the hunger strikes at various periods, protesting against the conditions of detention in the high-security prisons in Turkey. Their medical certificates confirmed that these individuals were suffering from symptoms consistent with the Wernicke-Korsakoff condition, a condition afflicting hunger-strikers and resulting in permanent loss of memory, loss of coordination, and vision impairment. Despite these claims, the asylum applications of all five individuals were rejected at first instance. In one case, the authorities stated that the examination of the application was “interrupted” because the applicant had changed address, in spite of the fact that in this case, the applicant had informed the authorities upon arrival at Athens of his intention to relocate there from the area where he had filed the application in order to have access to the medical treatment that his condition necessitated. In three other cases, police authorities issued administrative deportation orders while the individuals’ asylum applications were still pending. These orders were suspended on the intervention of the local judicial authorities and their applications assessed by the Ministry’s Committee. However, in these cases, as well as in the case of the fifth individual, although the majority of the members of the Consultative Committee (Appeals Board) recommended that refugee status be granted, their applications were rejected by the Ministry on the grounds that the applicants had not “provided evidence that substantiated the claims for fear of persecution” and that instead they “had left the country for economic reasons”. In light of the medical evidence made available to Amnesty International as well as interviews carried out in Greece with the individuals concerned, as well as personnel at UNHCR, Amnesty International 5 October 2005 22 GCR and the Centre for Rehabilitation of Victims of Torture who had dealt with these cases, the organization believes that the rejection of these applicants’ request for asylum puts the individuals at risk of torture and persecution if they are returned to Turkey. Amnesty International believes that the reasoning of the Committee’s decision does not indicate due examination of the substance of these applications, a failure that has jeopardized the protection to which the organization believes these individuals are entitled. The organization is further concerned that lawyers in Greece claimed that in their contacts with authorities about clients suffering from Wernicke-Korsakoff syndrome, they were told that this was not recognized as a valid medical condition. Should this be the case,39 the rejection of asylum applications of Wernicke-Korsakoff sufferers on the basis of inadmissibility of the medical evidence they provide is of great concern. Amnesty International considers such approaches to be in breach of international law and standards and to seriously endanger the lives of individuals. 1.6 Conclusion This chapter has sought to outline some of Amnesty International’s main concerns arising from research carried out on access to refugee protection in Greece since 2002. Most of these concerns have been communicated to national authorities and international human rights bodies in the course of that time. The concerns highlight the failure of the authorities to provide effective international protection to refugees, in compliance with their obligations under international human rights and refugee law and standards. 39 This disease is recognized by the World Health Organization and mentioned in its 2004 publication Vitamin and Mineral Requirements in Human Nutrition, 2nd edition. The syndrome is associated with thiamine deficiency. AI Index: EUR 25/016/2005

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