The Silent Humanitarian Crisis in Greece: Devising Strategies to Improve the Situation of Migrants in Greece
WORKSHOP REPORT
Recommendations
Input from Workshop Discussion
Concerns on current asylum, detention and border policies and their impact on
the rights of migrants23
• Increasingly limited access to the asylum procedure, particularly at the borders. This, in addition to the direct
application of the ‘Returns Directive,’24 means that asylum seekers cannot avail of adequate reception facilities,
are hindered in filing their asylum applications and so, can often not even have their claims registered.
• Asylum seekers are detained instead of accommodated in reception
centres without having given the opportunity to submit their
legitimate asylum claim under international law requiring their
protection and reception, meaning that existing legal provisions
which safeguard migrants’ rights are not applied such as the nonrefoulement principle.25
• Prolonged detention periods following recent the amendment of the
Presidential Decree 114/2010. The Greek Government has extended
the maximum period of detention for asylum seekers to the same
extent as the maximum period of detention for irregular migrants
under a deportation process.
During a parallel workshop session, participants formulated the following recommendations to address concerns
relating to asylum and the rights of migrants in detention and at Europe’s borders.
1. Involve the local community to develop their own
initiatives (e.g. initiative in Lesvos28) whilst pressing the
authorities for permanent and sustainable solutions.
2. Build a dialogue with police officers and border
guards (especially decision makers) to inform them of
regulations relevant to them when carrying out their
duties including individual penal responsibility for
rights violations.
Participants during parallel workshop session
on “Asylum, detention and borders”
• Police as the competent authority to deal with claims for asylum in the first instances whilst they have also been
identified as perpetrators of racially motivated crimes.
• Lack of institutionalized procedures for registering and screening migrants in Greece. In every single part of the
Greek territory the local police department follows its own process and protocol. Sharp differences exist between
the treatment of asylum in the mainland and in the islands.
• No safe routes to cross borders to claim asylum due to strict external border protection practices and the
implementation of Frontex operations in the region, which are used as a tool to deter migrants from entering
Greece.
• Limited access for NGOs to the new detention centres.
3. Create alliances with prosecutors within the judicial
system who would be open to addressing the violations
taking place inside and outside detention centres.
4. Establish dialogue with the Director of the reception
authority and use civil society actions to foster change29.
5. Create a specialised body within or complementary to
the Ombudsman institution to facilitate the complaints
of asylum seekers, third country nationals, and irregular
migrants against administrative and enforcement
authorities violating their rights, with the additional aim
of collecting best practices and stimulating strategic
litigation.
6. Need for the Greek ombudsman to take on a monitoring
role in the implementation of the new process on
access to asylum, as envisaged in the new legislation
3907/201130.
7. Maintain contact with EU institutions to inform them of
the situation in Greece to ensure they make informed
decisions and develop adequate measures to address
the situation whilst noting that the change must come
from within Greece if it is to last.
8. Improve cooperation amongst NGOS through the
creation of a solidarity network to develop joint actions
in Greece but also at the European and international
level through umbrella organisations. In establishing
these networks, consideration must be given to
challenges and limitations faced by NGOs in terms of
minimal human resources and funding opportunities.
• In the midst of the financial crisis, lack of will by society to support migrants. Civil society organisations are
currently working in a public and political context in which Greek society is challenging why migrants should be
assisted to stay in Greece, and so there is overwhelming feeling that migrants should not be helped considering
the hardship faced by Greeks.
• Whether the police would still be responsible for processing asylum claims under the structure of the new
process on access to asylum26, as envisaged in the new legislation 3907/2011 of the Greek Republic.
• The detention of unaccompanied children27 in detention centres unsuitable for them until a place is found in
reception centres for unaccompanied children or are released without any referral to reception centres for
unaccompanied children.
23
24
25
26
27
14
These reflect the concerns raised in recent decisions by the European Court of Human Rights (Bygylashvili v. Greece of 25.September 2012, Ahmade v.
Greece of 25. September 2012, Lin v. Greece of 6 November 2012) and the European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT), Report to the Government of Greece on the visit to Greece from 19 to 27 January 2011
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
“Non-refoulement” refers to the legal principle concerning the prohibition of transfer from a Contracting State to another State where there is a risk of
such ill-treatment, developed under human rights law in relation to Article 3 of the European Convention on Human Rights Convention (ECHR).
3907/2011 on voluntary returns, “Establishment of an Asylum Service and a First Reception Service”
Greek Council for Refugees, Unaccompanied Minors (2012)
28
29
A network of volunteer organisations and active civilians was set up in
Lesvos “Village of All Together” in solidarity with migrants on the island to
provide them support and assistance.
Ibid.
30
3907/2011 on voluntary returns, “Establishment of an Asylum Service and a
First Reception Service”
15
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