The Silent Humanitarian Crisis in Greece: Devising Strategies to Improve the Situation of Migrants in Greece WORKSHOP REPORT … Additionally, the recent legal amendment extending detention of asylum seekers up to 18 months13 and the fact that no progress has been made as concerns the establishment of a fair reception and asylum system and also the degrading detention conditions raise serious concerns about the violations of human rights of migrants seeking protection in Greece14. Furthermore there is not accessible judicial control and effective legal remedies concerning detention. workshop input The Asylum System in Greece: Limited or Simply Inaccessible VASILIS KERASIOTIS and VASILIKI TSIPOURA, Greek Council for Refugees The law 3907 of 201115 was adopted to address issues relating to international protection in compliance with international and EU standards. Nonetheless, little has been implemented in practice of the new asylum service consisting of civil personnel and new reception facilities are yet to become operational. The situation in Greece with regards to the entry of asylum-seekers is severe as there is limited or no access to the asylum system not only at the borders but also in the mainland. Detention is the rule for asylum seekers and migrants. It is used by police authorities as a punishment instead of a tool during the asylum procedure or eventually deportation. The provisional Presidential Decree 114 from 2010, reinstating the rights to administrative appeals by setting up procedural safeguards, remains problematic. The competence to receive and examine asylum applications in the first instance still lies with the police who do not have the relevant qualification or training to deal with such requests. The whole system is characterised by arbitrary practices emanated by the police. Access to the asylum procedure is almost impossible in Greece16. In Greece there are currently two main frameworks for detention of third country nationals: 1) for the purpose of removal, deportation and returns regulated by two laws17 which implemented the EU Return Directive18 and 2) detention of asylum seekers regulated by the Presidential Decree of 114/2010 as amended in 201219 permitting in exceptional circumstance detention up to 18 months. Vasilis Kerasiotis Those already in detention face numerous barriers in filing their asylum applications and recorded incidents have shown asylum seekers are detained for prolonged periods of time before their asylum application is even registered22. The above frameworks are utilised by Greek authorities as tools to tackle migration flows, referring to Operation Xenios Zeus, (Host Jupiter) where more than 3,000 irregular migrants were apprehended, arrested and detained20, among them asylum seekers, refugees, unaccompanied minors and other vulnerable groups. The economic crisis cannot be an excuse for denying persons their fundamental rights. The solution lies with the establishment of a fair and effective asylum system and the need to share and not shift responsibilities between EU member states. Protection must be guaranteed here in EU and not elsewhere for persons in need of international protection. 13 14 15 16 17 18 19 20 12 Greek Government Gazette, Presidential Decree 116/2012, 19 October 2012 Greek Council for Refugees and PROASYL, Walls of Shame (2012); Greek Council for Refugees, Mission Reports (2012) 3907/2011 “Establishment of an Asylum Service and a First Reception Service” Joint Greek NGO report, Campaign on access to asylum in Attica, October 2012 Law 3386/2005on forced return, “Codification of legislation On the entry, residence and social integration of third-country nationals on Greek territory” and 3907/2011 on voluntary returns, “Establishment of an Asylum Service and a First Reception Service” Directive 2008/115/EC of the European Parliament and of the Council of 16 December2008 on common standards and procedures in Member States for returning illegally staying third-country nationals Presidential Decree 114/2010 Procedures concerning the recognition of refugees and person entitled to subsidiary protection PICUM Bulletin, Mass arrests, 7,000 identifications and 2,000 arrests, 20 August 2012 The Guardian, Greek crackdown on illegal immigrants leads to mass arrests, 7 August 2012 Many asylum seekers are unable to file their application, and are subsequently left in a state of limbo, and in constant fear of being detained and/or deported. The New Asylum Service, created by law in 201121 to receive and process asylum claims has yet to operate. Currently, the Asylum Department of the Aliens Police Directorate of Attica, which is the only competent authority to receive asylum applications in the region of Attica and where the vast majority of asylum seekers are referred to, is registering applications at a rate of 20 a week. Vsiliki Tsipoura 21 22 Those who are able to file their asylum claim in detention remain detained for lengthy periods of time with little or no information in their language on their rights, the reasons of their detention, the progress of their asylum application, and living in inhumane conditions with limited or no access to health care, social and psychological support, legal representation, or other fundamental rights. Judicial control is limited and non-effective. 3907/2011 “Establishment of an Asylum Service and a First Reception Service” Similar issues supported by Amnesty International, Greece: irregular migrants and asylum-seekers routinely detained in substandard conditions (2010), pp. 15 13