Out of the spotlight: The rights of foreigners and minorities are still a grey area
As fundamental human rights, including the
right to life and freedom from torture of
individuals may be at stake, the responsibility
of decision-making must be taken by an
appropriate body and adequately qualified
officials. In this regard, the Greek system is
confusing regarding the actual role of the
border guards. In order to avoid "prescreening" by border officials, Amnesty
International recommends that the role of
border authorities should be restricted to
registering asylum applications and forwarding
them and relevant information to competent
authorities. As far as training is concerned, the
organization recommends that Greece ensure
its practice is in compliance with the
provisions of Recommendation n° R (98) 15 of
the Committee of Ministers of the Council of
Europe on the training of officials who first
come into contact with asylum-seekers, in
particular at border points.
Another incident involved 106 persons, who
arrived on the island of Crete on 1 April 2005.
While refusing requests by representatives of
local
authorities,
lawyers
and
nongovernmental organizations (NGOs), including
members of Amnesty International’s section in
Greece, to meet the people in question and
offer assistance, the Deputy Minister, Christos
Markoyiannakis, is alleged to have stated that
they would be expelled immediately. At the
same time the Chania Police Chief, Antonis
Proestakis,
allegedly
announced
the
introduction of a new administrative policy of
immediate expulsion of all undocumented
migrants arriving on Crete, effective
immediately. However, the people in question
were allowed to remain on the island and on 7
April, one local authority representative, one
lawyer and two NGO representatives were able
to meet them. The foreigners reportedly stated
to the lawyer, Demetrios Fourakis, that they
were Palestinians and that they intended to
seek asylum in Greece. On the evening of 10
April they were escorted by the police onto a
ship bound for Athens, where they were taken
to the Attica Aliens Department’s detention
centre and other police stations in the area of
Amnesty International 5 October 2005
16
Attica, and detained until the following day.
On 12 April members of Amnesty
International’s section in Greece were allowed
to speak with detainees in the Attica Aliens
Department. They reported that only two of the
approximately 30 people held there could
speak English and that no interpreter was
available at the Centre. The organization’s
members also reported poor conditions of
detention and allegations of ill-treatment by
police officers. The detainees had not been
informed of their rights or of the reasons for
their detention. When representatives of other
NGOs and lawyers subsequently requested to
meet the detainees in order to be able to
provide information about their rights to them,
the police officers in charge refused to allow
them access to the detention area, claiming
they had received orders from their superiors
to block such access. It appears that all 106
detainees were instead escorted onto a ship the
same afternoon and expelled to Egypt.
Amnesty International wrote to the authorities
expressing concerns that should this account of
events be true, the rights of those detained
from 1 to 12 April were systematically violated
and asking for precise information about the
authorities’ actions in this case, but had not
received a reply by September. On 16 August,
the organization received information that
another 95 people were expelled to Egypt
without being given access to the asylum
process, after their boat was shipwrecked off
the coast of Crete ten days earlier.
The secrecy surrounding the authorities’
practices throughout the different stages of the
asylum determination process is a source of
concern about the degree to which human
rights standards are upheld during the process.
During Amnesty International’s visit to the
country, access to some of the detention
centres on the island of Mytilini was denied,
while in other detention centres and police
stations (Vrysika, Didimoticho, intermittently
in Amygdaleza) officers refused to remain
outside hearing range throughout the
AI Index: EUR 25/016/2005
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