Lack of information, interpreters, and legal counseling
Any person shall, at the moment of arrest and at the
commencement of detention or imprisonment, or promptly
thereafter, be provided by the authority responsible for
his arrest, detention or imprisonment, respectively with
information on and an explanation of his rights and how
to avail himself of such rights… A person who does not
adequately understand or speak the language used by
the authorities responsible for his arrest, detention or
imprisonment is entitled to receive promptly [the information]
in a language which he understands.
Principles 13 and 14, UN Body of Principles for the Protection
of All Persons under Any Form of Detention or Imprisonment
In the detention centers, new arrivals receive no or
inadequate information about their legal status and their
rights, including the possibility to apply for asylum or to
appeal against their detention in a court of law. Migrants are
also not informed about the detention system and the length
of detention. There are no interpreters in the detention
centers.
“We were told we were coming to a camp. This is not a camp,
this is a prison. Why are we here? We are not criminals. What
law have we broken?”
Afghan man, in his early twenties
No free legal counseling is offered by the state. In addition
there are no NGOs or international organizations that offer
legal services to asylum seekers in regions such as Evros,
where many of the migrants and asylum seekers first arrive.
Written information about asylum procedures was available
in several languages; however this was not systematically
distributed and furthermore was not up to date with the
current legislation.
Police in the detention centers were often not able or trained
to give accurate information to the migrants about their
legal status and length of detention. Migrants told us that,
in response to questions about their release date, police
answered that they would be released in the following
days when in fact this turned out to be wrong. The lack of
information and the resulting uncertainty created a lot of
anxiety and feelings of despair.
15
I am here for 4 months and 20 days. The other men that
arrived with me have been released and I am still here. The
police keep saying that I will be released. I have been through
a lot and I do not trust them anymore. I do not believe that
they will release me ever. Maybe they will take me from
here and put me in another prison. I do not know what to do
anymore.
Iraqi man, in his early twenties
In the three detention centers where MSF worked there were
no interpreters. The lack of interpretation services made it
extremely difficult for migrants to communicate with the staff
of the detention centers. Communication obstacles were
extremely frustrating both for the migrants and the staff. MSF
teams observed that communication and cultural barriers
were often quite significant and played an important role in
creating tensions between detained migrants and detention
center staff. Moreover the lack of interpreters put serious
constraints on the daily work of the staff in the centers.
For example the absence of interpretation services makes
screening to assess the vulnerability of individuals extremely
difficult.
Due to the lack of appropriate information and the absence of
legal counseling and interpretation services, many people in
need of international protection do not receive any support.
Very few people manage to apply for asylum while in the
detention centers.38 MSF observed also that of those few who
do apply many stopped the procedure once they realized
that they were likely to be detained for longer, while their
application was being examined.
Moreover, migrants do not receive information about their
legal status after leaving the detention centers. Migrants
who are released and have not applied for asylum are given
an order to leave the country within 30 days.39 However,
most migrants do not understand the content of that paper,
because it is written in Greek and the information is not
translated to them.
Access to telephones is restricted. In Venna and Pagani
detention centers migrants could use the card pay phones
located in the yard whenever they were allowed to go
outside. In Filakio detention center there is a telephone booth
that can be accessed by migrants only when the police allow
them to do so.
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