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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