THE DUBLIN II TRAP
TRANSFERS OF ASYLUM-SEEKERS TO GREECE
27
asylum-seekers: “Now, as the years go by, no new structures are being created. Support for
refugees’ legalization is getting harder. We have entered a descending phase. In the coming
years we think that the situation will become even more tense.”
On 17 December 2008 the Board of the Union of Trainees and New Lawyers of the Athens
Bar Association expressed its deep dissatisfaction about the fact that hundreds of lawyers
faced obstacles in submitting asylum applications at the Petrou Ralli building, with the
average waiting time to submit asylum applications on behalf of their clients exceeding six
hours.95 On 17 June 2009 the Athens Bar Association commented on the organization of
asylum determination procedures in Greece as “tragic”.96
4.8. THE RIGHT TO AN EFFECTIVE APPEAL
EU CHARTER OF FUNDAMENTAL RIGHTS
Article 47
Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an
effective remedy before a tribunal in compliance with the conditions laid down in this Article.
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial
tribunal previously established by law.
Everyone shall have the possibility of being advised, defended and represented.
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to
ensure effective access to justice. 97
EUROPEAN CONVENTION ON HUMAN RIGHTS
Article 13
Right to an effective remedy
Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy
before a national authority notwithstanding that the violation has been committed by persons acting in an
official capacity.98
ASYLUM PROCEDURES DIRECTIVE
Article 39
Member States shall ensure that applicants for asylum have the right to an effective remedy before a court or
tribunal.
Until July 2009 there was a right of appeal against a first instance refusal of an asylum claim
before a six-member Appeals Board. This was made up of a legal adviser, acting as President
of the Board, two representatives from the Ministry of Foreign Affairs (diplomatic officer and
legal adviser to the Ministry of Foreign Affairs), a senior police officer, a representative of the
Athens Bar Association, and a representative of UNHCR in Greece. Although the Appeals
Index: EUR 25/001/2010
Amnesty International March 2010
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