Out of the spotlight: The rights of foreigners and minorities are still a grey area
verbally requested to file an asylum
application to the police officers who had
arrested them upon entry into Greece a few
days before Amnesty International’s visit, but
had not been presented with any forms. They
further claimed that they were requesting
protection on account of the fact that they had
been imprisoned and tortured in neighbouring
Turkey because of their political beliefs and
that they had communicated this persecution to
the police officers at the station. While
Amnesty International is not in a position to
assess this specific claim for protection, it
appeared that the police officers, in classifying
the detainees as “economic migrants”, did not
take into account the oral request for asylum of
the Turkish men, and thus disregarded the
provisions of the Presidential Decree.
In another case (Ferres), two Somali female
detainees, claimed to be “economic migrants”
at the beginning of the interview. However,
when asked about whether they would like to
return to their country at a later date, they
claimed, in tears, that they could not return on
account of the fact that their houses had been
burnt by Somali authorities and their fear that
they would be imprisoned because of their
support for opposition parties. They further
claimed that they had not communicated these
fears to the police officers who arrested them
because they had not been asked and because
they had been told by the police officers that
following their sentence for illegal entry they
would be given residence permits. The specific
police station, which doubles as a detention
centre for female migrants, is used to detain
individuals before administrative expulsion
papers are issued. Thus, while this case also
cannot be assessed by Amnesty International,
the detainees’ account of events raised
concerns both about the authorities’ adherence
to the provisions of PD 61/99 and about the
apparent failure to inform detainees of their
rights (see below).
The authorities’ failure to offer people access
to the asylum process at the point of entry into
the country according to PD 61/99 is also
Amnesty International 5 October 2005
15
illustrated by the discrepancy in the numbers
of asylum applications filed in border police
stations and in Athens. During interviews with
regional police administrators it has emerged
that only about 0.2 per cent of the detainees
accommodated at detention centres in the
border regions file applications for asylum. Yet
there are reports suggesting that a number of
former detainees from border-region centres,
often released on deportation orders, apply for
asylum in Athens. This fact raises concerns
about access to the asylum process provided in
these areas.27
Further allegations received by Amnesty
International suggested that officials stationed
at border areas, and particularly in the area of
the Greek-Turkish border, have been expelling
migrants from the territory of Greece without
providing those in need of international
protection with the opportunity to seek asylum
or providing all migrants with an opportunity
to challenge their removal on other grounds,
including human rights grounds. Such
practices are in flagrant violation of PD 61/99,
and could be in violation of the fundamental
principle of non-refoulement as well as the
prohibition on arbitrary and collective
expulsion. These practices are very difficult to
document and the problem is compounded in
border areas by the fact that these expulsions
allegedly take place in areas which are under
military control and thus access to them is
restricted. Despite this, the organization
received information during its visit to the
country in January from a number of
individuals (expellees who have since reentered as well as individuals who have spoken
with expellees), who were in agreement about
the methods by which this practice takes place.
Undocumented migrants were allegedly put in
military trucks, taken to the banks of the river
Evros, on the land border with Turkey, and left
to swim to the other side.
27
Amnesty International has raised these concerns
in its briefing to the UN Human Rights Committee.
AI Index: EUR 25/016/2005
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